Stories from

The developers of a proposed housing development off Stringham Drive have been given an 11-page document by the Town of Batavia Planning Board and asked to respond within 60 days to issues and questions the board still has about the project.

The "scoping document" is an essential part of the environmental review process and the project, known as the Gardner Estate Subdivision, cannot go forward without passing the environmental review.

"Scoping involves looking at what they need to do to meet (the environmental review guidelines)," Board Chairwoman Kathy Jasinski said.

The scoping document asks for information on such things as the purpose and need of the project, type of ownership and compliance with current zoning as well as impacts on traffic and water.

Gardner Estates is being proposed by Rochester-based Nathaniel Development Corp.

Originally, the company was proposing apartment complexes, then, when that met with resistance from the community and the board, Nathaniel proposed condominiums. After that proposal was rejected, they developed a plan for single-family homes, which is under review now.

From the start, Nathaniel has seemed intent on building low-income housing in the area, which neighboring residents oppose and doesn't necessarily fit into the town's master plan.

The town needs more middle-income housing, and the Stringham Drive area was intended to provide parcels to accomodate that type of growth -- especially if the Genesee Valley Agri-Business Park proves successful.

However, Jasinski noted that Nathaniel has been willing to mold its plans all along to address board concerns, so Nathaniel might very well turn in a satisfactory scoping document.

If the developer meets the requirements of the environmental review process, there will be little the board can do to block the project.

"We have to abide by rules of zoning," Board Member Paul McCullough said.  "We can’t look at it and say 'In my heart of hearts, we don’t want X.' If it doesn't say that in the book of rules, tough. We have to abide by the rules."

It's back to the drawing board for the parcel subdivision of the proposed Genesee Valley Agri-Business Park.

Because the first confirmed tenant for the park -- Bogata, Colombia-based Alpina Products -- has set its sights on a different plot of land than originally thought, the subdivision boundaries need to be reset.

Tuesday night, the Town of Batavia Planning Board set 7:30 p.m., June 21, as the time and date for a public hearing on the revised boundaries.

Members of the Genesee County Economic Development Center will also make a presentation about the project to the board that night.

Zoning Enforcement Officer Bruce Gerould also told the board that the revised parcel plan will include a two-acre plot right on Route 5 for an office complex for an advertising agency.

Because the agency specializes in marketing for agricultural businesses, it apparently fits the requirements of the agri-business park, Gerould said.

An 81-year-old Le Roy narrowly escaped death Monday after her car got stuck on train tracks in Steuben County and another person pulled her from the car just before a train struck it.

Angeline Pascucci was reportedly disoriented, driving on the tracks and refused to get out of her car. A passerby had to physically remove her from the vehicle.

Pascucci was not injured.

The hero was Laurie Eldridge.

Eldridged dragged Pascucci from the car just before a northbound train broadsided it at 40 mph.

(via YNN)

Artist Sean Walker stands in front of a mural he's painting inside the new art gallery at Glass Roots on Center Street.

Walker, a fine arts student at GCC, has a show in the gallery of some of his original artwork.

Crews were at the Batavia Cemetery this afternoon cleaning up the remains of a massive tree that fell near the Richmond Mausoleum over the weekend. 

Tree removal is expensive and the Batavia Cemetery Association is asking for donations to help defray the cost. Checks can be mailed to the association at 22 Fisher Park, Batavia, NY 14020.

Also, the "Ladies of Batavia Cemetery" tour that was scheduled for Saturday had to be cancelled Saturday because of the heavy rains. It will be rescheduled for a date later this summer.

Philemon Tracy is believed to be the only Confederate officer buried north of the Mason-Dixon Line. His grave is in the Batavia Cemetery. I didn't notice this flag on his grave on Memorial Day or over the weekend (I was at the cemetery on both occasions, but could have missed it). When I drove down Harvester Avenue today, there it was, which struck me as interesting.

City officials took a walk-through of the Dellapenna building on Ellicott Street this morning to check the security and safety of the long-vacant building.

Over the weekend, police officers discovered the building was unlocked while looking for a missing person.  

Following the inspection, officials said they secured it as best as they could today and will take steps to ensure it is better secured.

News release from Jason Smith:

The Elba Central School Class of 2011 was honored to welcome Lt. Col. Paul Birch and 1992 Elba graduate as their guest speaker for the Sixth Annual Top Ten Dinner on June 6.

The event is held annually for the top 10 graduating students from Elba and their families to recognize their academic achievements.

Lt. Col. Birch was the guest speaker and shared with the students the importance of staying true to their values and never forgetting their hometown roots in Elba.

In his speech, he encouraged the students to apply all they learned and use their small-town values as an advantage in life.

The Elba Student Council graciously sponsored the event.

Principal Jason Smith awarded each student an honor pin in recognition of their top 10 status.

Lt. Col. Birch is an evaluator pilot with more than 1,200 combined hours in the F-15SE and was promoted to the rank of Lt. Col. on March 1, 2010.

His military decorations include the Air Medal, Air Force Commendation Medal, Air Force Achievement Medal, National Defense Service Medal, Iraq Campaign Medal, and Global War on Terrorism Medal.

On June 1, Lt. Col Birch took command of the 4th Operation Support Squadron.

Past  speakers at the annual banquet have included Maureen Torrey-Marshall, Dorothy Coughlin, Samuel Giansante, Colleen Contant and Charles Zambito.

The top 10 students this year (second row, from left): Jarad Kogut, Phil Casper, Lt. Col. Paul Birch; (first row, from left) Elizabeth White, Jenna Bird, Kelsey Scott, Crosby Lamont, Molly Geissler, Jessica Pcionek, Ashley Crnkovich. Megan Schwartzmeyer was absent.

Below, with Paul Birch and Jason Smith, is Class of 2011 President Phil Casper.

Anthony P. Dioguardi is indicted on four counts of sexual abuse, 1st. Dioguardi is accused of using compulsion for sexual contact with a child less than 11 years old.

Myron W. Hartford is indicted on a charge of grand larceny, 2nd. Myron W. Hartford and Marline A. Hartford are indicted on charges of grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. Myron Hartford is accused of stealing more than $50,000 from an individual. Both Myron Hartford and Marline Hartford are accused of stealing more than $1,000 from the Department of Social Services. Both are accused of filing false instruments with DSS.

Rebecca A. Chatley is indicted on charges of grand larceny, 4th, and criminal possession of stolen property, 4th. Chatley is accused of stealing a gift card for WalMart belonging to another person. 

Andrew J. Rock is indicted on two charges of burglary, 1st, and one count of menacing, 2nd. Rock is accused of entering a residence on Washington Avenue, Batavia, on May 15, and brandishing a long gun.

Carlos A. Torres Jr., is indicted on three counts of criminal possession of a controlled substance, 3rd. Torres is accused of possession on April 2 of more than a half-ounce of cocaine with the intent to sell it.

Thomas M. Pillo is indicted on charges of felony DWI and felony driving with a BAC of .18 or greater. Pillo was allegedly driving drunk March 11 in the City of Batavia.

Remember when businesses had painted signs on the sides of their buildings? 

Vic Marchese is going old school with the sign he hired Vinny DelPlato to paint for him on the back of Main St. Pizza Company.

DelPlato is responsible for many of the murals you see around town.

Here's a piece we did on him when he was working on the mural at Next Level Fitness.

Today, the former Batavia Motel on West Main Street became a training structure for volunteer firefighters as the Town of Batavia Fire Department began a bit of the dismantling process.

The hotel, acquired by the town a couple of months ago, is to be torn down (or burned down) to make way for an expansion of Lion Park.

The town condemned the property at  3768 W. Main Street Road in December, sending about seven residents looking for new places to live.

A couple of months after condemning the property, the town completed the purchase.

Town of Batavia Fire Chief Randy McIntire said the department isn't sure how much training it will be able to do on the building. The town may want it down pretty quickly and there might be some complications related to asbestos removal. 

At least for the next few weeks, however, firefighters -- and perhaps local law enforcement -- can use the worn-down structure for training.

Tonight, firefighters worked on venting -- the practice of cutting holes in the roof of a burning structure to allow heat and smoke to escape.

BTW: If this looks like your idea of fun and public service, visit ReadyGenesee.com to find out more about volunteering for your local fire department (city residents can volunteer for the Town of Batavia Fire Department).

I got four emails from four different people this morning about a B-17 being parked at the Genesee County Airport.

It turns out it's been there almost a week. The plane is the Memphis Belle, a prop plane used in the movie of that name. Its proper home is the Geneseo Airport, but since that is a grass field, all the recent rains have made the runway too soggy for landing such a large bird.

The Memphis Belle is expected to depart some time Wednesday.

That's QB legend Dan Marino in the midst of a group of some of Batavia's loveliest ladies. The women made it to the edge of the sixth fairway at Terry Hills for the sixth straight year during the Jim Kelly Celebrity Golf Tournament. As always, the ladies had brownies ready to lure celebraties so they could meet them, get some autographs and snap a few pictures.

I came across the group while searching for Jamie Farr.  

When I finally did meet up with Farr, after he finished the fifth hole, I introduced myself and all he seemed to hear was "web site" and started telling me all about his site. Dashed was my chance to chit-chat about MASH a little and part with, "See you in the funny papers."

Pictured above are (in no particular order) Margaret Perry, Kathy Leffel, Kate Martin, Barb Thurber, Donna Gillard, Joan Torres, Diane Burroughs, Jean Woodcook, Carrie Jones and Anne Barone.

Among the more than dozen celebs they met today were Marino, Jim Kelly, Ben Rothelisberger, Archie Manning and Chris Berman.

Lisa Nistico with Farr.

A Batavia woman accused of issuing unauthorized checks to herself from her employer's business account, will serve five months in a halfway house and five months in home confinement, a federal judge in Buffalo ruled today.

Deborah Dutton, 55, must also pay $85,000 in restitution to her former employer. 

Dutton previously admitted to forgery for falsely issuing checks to herself from 2007 to May 2010.

During sentencing, prosecutors noted that Dutton had a prior theft conviction in 1984.

Her defense attorney said Dutton has started the restitution process by selling a collection of dolls. She will also put her home up for sale.

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

A 22-year-old Batavia resident was hospitalized early this morning after being struck by a hit-and-run driver on Central Avenue in the city.

Police are asking people with information about the car and driver to call 345-6350.

Luis A. Mercado was listed this morning in stable condition at Strong Memorial Hospital.

At about 1:36 a.m., Mercardo was walking on Central when he was struck by a white sedan.

The car reportedly has a loud exhaust and is possibly a Dodge Stratus. It sustained front end damage and most likely a broken windshield.

A South American-based dairy processing company will get $767,096 in tax incentives to help the company establish a new yogurt factory in Batavia, the Genesee County Economic Development Center announced.

The incentive package for Alpina Products includes a property tax abatement, a sales tax exemption and a reduction of mortgage taxes.

GCEDC announced in April that Alpina agreed to become the first tenant for the Genesee Valley Agri-Business Park off Route 5 in Batavia.

The plant, when completed, is expected to add 50 jobs to the local economy and if successful, Alpina officials said they would expect to expand their operations in Batavia.

More than half of the tax incentive package comes in the form of a PILOT (payment in lieu of taxes) arrangement that will reduce the amount of anticipated property taxes paid by Alpina by more than $458,000 over 10 years.

Alpina will pay property taxes on the current assessed value of its 10-acre facility, but because building the plant will increase the land's value, Alpina will get a break on that increased assessment for 10 years. During the first five years, Alpina will pay no taxes on the difference between the current assessed value and the new assessed value. Starting in year six through year 10, Alpina will pay 50 percent of the increase in additional taxes, and pay 100 percent from that point forward.

The sales tax exemption of $260,000 will be on construction materials and office equipment, but not manufacturing equipment.

The mortgage tax exemption is $48,750.

The anticipated economic benefit to Genesee County is expected to exceed $30 million over 10 years.

Alpina will invest $15 million to purchase the 10-acre parcel and construct the plant.

In other GCEDC news, Wellsville Carpet Town at 3990 Call Parkway, Batavia, will receive a $14,375 mortgage tax exemption to help the company refinance its current $1.5 million real estate loan. GCEDC says the abatement will help retain 45 jobs in the county.

Friday's MDA "Fill the Boot" drive sponsored by the IAFF local was an amazing success according to city firefighter Greg Ireland.

Ireland said city firefighters collected $7,156 for "Jerry's Kids."

That tops a record set last year by city firefighters when they raised $5,601.

"We are very grateful to the wonderful people of Batavia and Genesee County who gave to this great charity," Ireland said.