Darien

A Darien resident who wants to open a small business for auto repairs and sell a few cars at 606 Broadway got a little push back from the Genesee County Planning Board.

On Thursday, the board disapproved the proposed business because it apparently does not have a complete site plan according to code.

However, a representative of owner Mark Bernen said the site plan was completed exactly according to instructions from the Town of Darien Planning Board.

"We went back and forth and back and forth with the Town of Darien Planning Board," said Joyce Stevens. "He did everything on plans exactly like they said."

Planning Director Jim Duval said that the county's vote is advisory and the town board has the capacity to override the vote.

In another matter, Andrew Schmieder received approval to construct a new small house at 3438 Railroad Ave., Alexander.

Schmieder purchased the property at the county auction with the intent to restore the existing home, but it was too badly damaged by flooding and had to be torn down.

He said his mother will live in the new house.

Darian Fire is being dispatched to 1431 Broadway Road to assist with an animal that is stuck between either railings or spindles (dispatch used both words).

There is no description of the type of animal that is stuck.

The situation might be inside an apartment.

UPDATE Noon: A fire chief apparently knocked on a door and got no response. Dispatch recontacted the original caller. The address is now corrected to 1341 Broadway, Apt. #4.

UPDATE 12:08 p.m.: Fire is asked to drive around to the rear of the building, to the pool area.

UPDATE 12:13 p.m.: There is no 1341 Broadway. Firefighters told, "it's the building next to the old BG's restaurant."

UPDATE 12:17 p.m.: "The dog is free." Darien Fire is back in service.

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This video of yesterday's fire in Darien was posted on YouTube by a retired firefighter who runs Erie County's Firewire web site.

A driver whose car hit a tanker truck as it pulled up to a fire hydrant to refill while crews battled a fully involved house fire on Broadway in Darien was charged following the accident with unlawful possession of marijuana.

Wallace Eugene Urf, 33, of Pavilion Center Road, Pavilion, was allegedly found in possession of marijuana by Deputy Lonnie Nati who investigated the accident.

Urf was reportedly uninjured in the accident, which occurred at 2:31 p.m. Urf's car hit Attica Engine 7 while the tanker was refilling to help fight a fire at 1081 Broadway Road.

After the accident, a firefighter was heard on the scanner to say Urf's car "blew through the intersection at Harlow Road" and struck the rear of the truck.

The Sheriff's Office press release listed no other charges.

Route 20 from Harlow Road to Route 77 is now open. For several hours, that portion of the roadway was closed to fight a house fire on Route 20 near Warner Road. Darien Fire Department is clearing the scene. All units are back in service.

The last hots spots are being extinguished and fire crews are just being put back in service following a house fire at 1081 Broadway, Darien, that was reported at about 1:35 p.m.

The homeowner, a single occupant, Diane Allison, was not hurt in the fire, though her home was destroyed.

There's no word yet on how the fire started, but the point of origin appears to be somewhere at the rear of the house.

Eight fire departments from Genesee and Erie counties responded, along with Mercy EMS, the Sheriff's Office, State Police and Genesee Emergency Services.

A driver who reportedly drove his car into a parked fire tanker was not injured in the accident.

Allison had cats in the house, but no word yet on their fate.

Route 20 should reopen within 30 minutes.

More pictures after the jump:

There is a house on fire at 1081 Broadway Road, across from Warner Road, in Darien, according to a call to dispatch.

Alexander fire, along with Darien and Corfu are en route. It has gone to a second alarm.

A City of Batavia Fast Team is also called along with Mercy EMS. Bennington and Attica fire are also called.

UPDATE 1:50 p.m.: Traffic is being shut down at Route 20 and Harlow Road and at routes 20 and 77.

UPDATE 1:58 p.m.: National Grid is called. Corfu advised to muster all available manpower.

UPDATE 2:22 p.m.: The American Red Cross is called in to provide aid to one individual.

UPDATE 2:35 p.m.: "A car blew through the intersection at Harlow Road (which is closed to traffic at Route 20) and right into the back of him," says a firefighter. A car rear-ended a water tanker truck, creating more havoc and one less tanker at the fire. Mercy EMS at the fire scene are handling the incident. No word on injuries.

UPDATE 4:27 p.m. (by Howard): Emergency Management Coordinator Tim Yaeger just notified dispatch that Route 20 will be closed for at least another two hours. Right after, a truck got through the road block due to a "miscommunication" and a trooper is helping it make a three-point turn. 

Also, the homeowner, Diane Allison is upset, displaced, but physically OK. Allison was worried about her cats and fire crews have started looking for them.

Eight fire companies responded to the scene. 

I'll have pictures later.

Driving back to Batavia on Richley Road this morning, conditions seemed good to get a picture of this barn.

Also, I liked the stand of trees below. Anybody know what kind of trees they are?

Kris Clark and his father-in-law Andy Job have a simple request of people coming past their home in Darien: "Please don't shoot our deer."

Job has been raising deer on his Richley Road property for 15 years, and on at least two occasions, his deer have been shot and killed by passersby.

On Saturday, somebody in a sedan with a loud muffler pulled up to the fence line and fired a shot.

No deer were hit, but Clark, who lives at the house with his wife and two young children, was sitting with his family in the Florida room, which offers little protection from a ricocheting bullet.

"I don't want our deer shot, but that's not my biggest concern," Clark said. "The deer fenced area is close to the road and my house is also within close range. With that in mind, my children were home and I am lucky that no one was hurt or killed."

Job started keeping deer 15 years ago, buying two pregnant does. He now has 10, but he's kept as many as 18.

Several years ago, somebody shot eight deer on his property and just left them dead behind the fence. Then two years ago, somebody fired a .22 caliber bullet at his 10-point buck.

The buck was wounded, but wouldn't let Job get near it so he could care for its wound. The buck died two weeks later of an infection.

Big bucks, Job said, are worthy anywhere from $15,000 to $30,000. At the time, he had recently turned down an offer of $12,000 for the buck.

He didn't sell only because of DEC regulations that would have made a sale difficult and expensive.

But the deer are more than livestock to Job. They're also his pets. Clark said his father-in-law was upset when his buck died for reasons that had nothing to do with money.

When something like Saturday's gun shot happen, Clark said, the deer are spooked for days afterwards, making them less social and a little harder to get out of the back wooded area of the wooded area at feeding time.

The Sheriff's Office took a report on the shooting incident Saturday, but there isn't much to go on. It was dark and neither Clark nor a neighbor who also heard the shot got a good look at the car.

Still, Clark said, he's hoping somebody might know something and the Sheriff's Office can make an arrest in the case. Tips can be called into 345-3000.

Job said he welcomes people driving down Richley Road and stopping to look at his deer when they're near the front fence line. As long as they're just looking, Job said, that's fine.

Along with the deer, Job keeps geese, turkeys, an emu and chickens. More pictures from his place after the jump.

A one-car rollover accident, unknown injuries, is reported at 11233 Darien-Alexander Townline Road close to the Genesee County line.

Alexander Fire Department has been dispatched.

UPDATE 11:53 a.m.: The fireman at the scene advises that the tow truck called should bring water gear because the vehicle is stuck in a creek. They also should be prepared to winch it out. The driver is stuck inside.

UPDATE 12:39 p.m.: All units are back in service. "Bennington handled the transport," says a firefighter." Presumably, the driver got out and is okay and/or was taken care of.

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A resident on Broadway in Darien says that a person walked into his basement, and when confronted the intruder fled on foot.

He's described as a white male with facial hair and wire-rimmed glasses.

He was last seen walking south on Route 238.

Law enforcement in route.

UPDATE 9:44 p.m.: A subject has been detained. He's being taken back to the complainant's house.

The spirit of Christmas is alive and well on Bonnie Brae Road in Darien Center, at least as far as the decorations go.

But apparently those very same decorations have caused a commotion outside, under the bright, new pretty winter moon, among some neighbors there. They are "separated at this time," says the dispatcher.

Sheriff's deputies are en route to handle the dispute.

James Vincent Kwiatek, 19, of Allegheny Road, Darien, is charged with criminal mischief, 4th, and menacing, 2nd. Kwiatek is accused of getting out of a vehicle, walking up to another occupied vehicle and using a knife to slash its tires.

Alexis Ashley Figuereo, 23, of East Main Street, Batavia, is charged with petit larceny. Figuereo is accused of stealing an Xbox 360 and a BIC lighter while employed at Kmart.

Philip Niccloy, 23, of Summit Street, Le Roy, is charged with reckless endangerment, 2nd, criminal mischief, 2nd. Niccloy was arrested by Brockport PD and accused of firing an arrow through a window of a house that lodged into a living room wall. There were children home at the time, although nobody was injured. (Source: D&C)

Joanna M. Morgan, 37, of Wyoming, is charged with felony DWI, DWI, driving with a BAC of .08 or greater and driving with view obstructed. Morgan was stopped by Le Roy Police Officer Emily Clark on Sunday following a report of two people out of a vehicle and fighting along the roadside of I-490. Morgan, driving a vehicle that matched the description of the one spotted on I-490, was found in the Village of Le Roy. Following a traffic stop, Morgan was allegedly found to be intoxicated. A child under 16 years of age was reportedly in the car, leading to the felony DWI charge.

Darrel R. Scroger, 33, of Swan Street, Batavia, is charged with three counts of petit larceny and possession of burglar tools. Scroger was taken into custody at 2:56 p.m., Thursday, in the Target parking lot as a result of an investigation into stolen mobile phones. The phones were reported stolen over the previous week. Scroger was allegedly caught stealing from Target. He is also accused of shoplifting from Target on Dec. 6 and Dec. 8. Scroger was jailed on $500 bail. The investigation was conducted by Deputy Joseph Graff, Deputy Patrick Reeves, Deputy Brad Mazur and Sergeant Thomas Sanfratello.

Jerome Sanders Dennis, 24, of Jackson Street, Batavia, is charged with criminal trespass, 2nd. Dennis allegedly entered a residence on Drake Street, Oakfield, at 3:50 p.m., Dec. 8, without permission of the owner.

Aaron D. Bradley, 29, of 679 E. Main St., Batavia, is charged with harassment, 2nd, and criminal obstruction of breathing or blood circulation. Bradley is accused of placing his hands around the throat of a victim during a domestic incident at an unknown time Sunday. He was jailed on $1,000 bail.

Elizabeth A. Wesley, 38, of 31 Trumbull Parkway, Batavia, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Wesley was stopped on a street in Batavia at 12:31 a.m., Sunday, by Officer Matt Fleming. Wesley was jailed without bail.

Joshua A. Canfield, 21, of 190 Greeley Ave., Hornell, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Canfield was stopped at 3:28 a.m., Sunday, by Officer Eric Bolles, after allegedly running a red light at West Main and Ellicott streets.

Amber N. Wallace, 21, of 4 Highland Park, Batavia, and Nicole L. Cramer, 21, of 2 Highland Park, Batavia, are charged with disorderly conduct. Wallace and Cramer were allegedly observed by police officers fighting on Pringle Avenue at 2:38 a.m., Sunday. They were taken into custody by officers Eric Bolles and Frank Klimjack.

Justin M. Hoover, 30, of 22 Tracy Ave., Batavia, is charged with criminal possession of stolen property, 5th. Hoover is accused of possessing items stolen from vehicles on the south side of the city the night of Nov. 24. He was taken into custody on Friday by Det. Pat Corona.

Amy A. Wagner, 41, of Angola, is charged with harassment, 2nd. Wagner was arrested by State Police for an alleged incident on Aug. 21. No further details released.

Aaron J. Huck, 27, of Brockport, is charged with DWI and aggravated DWI. Huck was stopped at 4:11 p.m., Friday, by State Police on Townline Road in Bergen. Huck was held without bail.

A structure fire is reported at 2583 Angling Road. It's between Read Road and Church Street. There is black smoke billowing from the corner of the house.

A firefighter on scene says there is heavy smoke coming from the rear of the residence.

Another says "Occupants and dog are out. It is involved."

East Pembroke and Town of Batavia fire departments are responding. An engine from Corfu is also requested.

UPDATE 12:24 p.m.: This East Pembroke fire has gone to a second alarm. Mercy medics are on scene. Corfu has called for an engine from Darien to stand in at Corfu's hall. A tanker from Indian Falls is requested. "It's starting to go fast -- everybody be careful because of the ice." But a bit later "The floor is gone. All interior firefighters are ordered out of the structure."

UPDATE 12:29 p.m.: Town of Batavia calls for an engine from Corfu to fill in at its station. Some units on scene are working to try and protect the garage.

UPDATE 12:35 p.m.: Oakfield is called to fill in at Town of Batavia's fire hall. Despite the prior directive, and the collapse of the floor, firefighters are now on the second floor of the house working to put out the fire. National Grid is notified, no ETA given. A chief asks "Do we have a crew for the roof?"

UPDATE 12:50 p.m.: The chief says "The fire's out. We're just trying to clean up in here. There aren't any hot spots." Also, a badly injured cat was found at the scene (presumably it has suffered burns). It is not known whose cat it is, if anyone's. It has been placed inside the garage and people from the animal shelter are on their way to get it and treat it. According to Sheriff's Deputy Brian Thompson, the fire started outside in a stairwell from unknown causes. A man and woman were asleep in their bedroom when the woman awoke and smelled something burning. By then, the fire had starting climbing the walls of the residence.

UPDATE 1:13 p.m.: The rescued cat did not apparently suffer from burns. Rather it experienced severe smoke inhalation and was heavily doused with water. It is one of three of the family's cats and is being taken to Batavia Animal Hospital on West Main Street Road. The other two cats remain unaccounted for.

UPDATE 2:04 p.m. (by Howard): Red Cross requested to the scene. Also, photo above of the red tabby that was rescued from the house. It was covered in water that had frozen and probably suffered from smoke inhalation, but was crying loudly as it was being carried here. The firefighter is taking the cat to a garage where it might be warmer. An Animal Control officer picked up the cat a short time later and took it to Batavia Animal Hospital.

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This evening, at Darien Lake State Park.

Barn on Jericho Road, Bethany.

Barn on Harlow Road, Darien.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

An estimated $25,000 in damages was done to a garage in Darien on Tuesday when an unattended torpedo heater apparently ignited a blaze.

The heater was being used to warm up some machinery, according to a report by Deputy Dana Richardson.

The fire occurred at 1210 Herkimer Road, Darien, and was called in by homeowner Lawrence Stabell at 9:51 a.m.

No injuries were reported in the blaze. The garage, which was destroyed, was not attached to the house.

Darien Fire responded with mutual aid from Alexander and Bennington fire departments.

(initial report)

A garage fire has been reported at 1210 Herkimer Road, Darien.

Darien Fire with mutual aid from Alexander Fire responding.

A chief on scene reports the garage is fully involved.

The garage is not attached to any other structure.

UPDATE 10:23 p.m.: Fire knocked down.

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