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Dewey Towner draws winning Take 5 numbers at Northside Deli

By Howard B. Owens

Dewey Towner came up a winner again (he's previously won the Harley Raffle), this time in a Take 5 contest of the New York State Lottery. Towner bought his winning ticket at Northside Deli. Owner Dave Stupp, on the right, said it's the largest single jackpot to come out of his store so far. Towner is holding his winner's receipt. He's expected to get a check from the lottery for just over $21,000 (less taxes).

Photos: Patriot Trip 2015 departs from Batavia Downs

By Howard B. Owens

Some 100 veterans and family members departed from the Batavia Downs parking lot this morning with Assemblyman Steve Hawley and his staff for Hawley's annual Patriot's Trip to Washington, D.C.

Aldi's plans ribbon cutting for Oct. 1 reopening

By Howard B. Owens

Press release:

Beginning Thursday, Oct. 1, ALDI, the nation’s low-price grocery leader*, will offer grocery shoppers a smarter alternative as the select assortment discount grocer reopens two Buffalo-area stores, located at 587 E. Main St. in Batavia and 1900 Ridge Road in West Seneca. Known for its premium ALDI exclusive brands, ALDI offers high-quality grocery items at incredibly low prices.

To celebrate the reopening of the newly renovated Batavia and West Seneca stores, ALDI will host ribbon-cutting ceremonies at each store at 9 a.m. on Thursday, Oct. 1. The public is invited to attend. Customers can also tour the store, receive free eco-bags and enter an on-site sweepstakes for a chance to win a year’s supply of ALDI produce. ALDI currently carries more than 90 varieties of fruits and vegetables, including several organic produce items.

“We are pleased to showcase the new look of ALDI with these updated stores in Batavia and West Seneca and continue to help customers stretch their dollars,” said Aaron Sumida, Tully division vice president for ALDI. “As important as price is, there’s only one way to attract and keep shoppers: You have to have quality products. When people try our ALDI exclusive brands, they are excited by the savings and impressed by the quality.”

With higher ceilings, improved natural lighting and environmentally friendly building materials – such as recycled materials and energy-saving refrigeration and light bulbs – the stores will offer customers a simple and easy-to-navigate shopping experience.

In addition to the stores’ new looks, ALDI will bring shoppers a wide range of new, healthier options like organic produce, USDA Choice beef and the SimplyNature line of products, free of artificial colors, flavors or unnecessary enhancers. ALDI also recently introduced its liveGfreeTM gluten-free product line.

ALDI challenges customers to switch from national brands to its exclusive brands and save up to 50 percent** on more than 1,300 items the store carries. To ensure its exclusive brands meet or exceed the national brands on taste and quality, ALDI conducts rigorous testing on all products. ALDI stands behind this quality with a Double Guarantee: If for any reason a customer is not 100-percent satisfied with a food product, ALDI will gladly replace the product and refund the customer’s money.

ALDI exemplifies efficiency by eliminating overhead costs through smart practices, such as a cart rental system through, which shoppers insert a quarter to release a cart and receive the quarter back upon the cart’s return. Other cost-saving practices include a smaller store footprint, open carton displays and encouragement of customers to bring their own shopping bags.

ALDI also saves shoppers money by keeping stores open during prime shopping times. The remodeled locations will be open from 9 a.m. to 8 p.m. Monday through Friday and from 9 a.m. to 7 p.m. on Saturday and Sunday. ALDI accepts cash, debit and EBT/Quest cards.

Over the next several years, ALDI plans to add an average of 130 new stores each year, expanding the ability to bring grocery savings to more people every day.

The Sunlight Dialogues: Stafford ZBA denies variance for too-high fence

By Howard B. Owens

The difference between the six-foot limit on a fence in the Town of Stafford and the actual height -- whatever it is -- of the fence James Pontillo built on his property is enough to reduce the sunlight falling on the neighboring building, according to Stafford's Zoning Board of Appeals.

That's based on science, said Chairwoman Crista Boldt.

Sort of.

"If we had a scientist come in and measure the amount of daylight that's given to that property next door it would make a difference, just like people in Wyoming when they measured when they put wind towers in Warsaw and they studied how the flicker effect would affect the house, because of the rotation of the Earth and the sun orbiting the Earth it would affect it," Boldt said, "the amount of light."

The reduction of light -- however much that might scientifically be -- would create an "undesirable change," according to ZBA board members.

For that, and other reasons we'll get to, the ZBA voted unanimously to deny Pontillo an area variance for his fence.

An area variance is a tool in New York code enforcement guidelines that gives local officials the ability to allow property owners to make physical changes to structures and property that might otherwise be prohibited by law.

There are five criteria zoning boards use when deciding whether to grant an area variance.

They are:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. 

In this case, the ZBA found the extra foot, two feet or three feet -- depending on who is doing the measuring and where -- would mean less light would reach the neighboring property.

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. 

Yes, the board found Pontillo could build a six-foot-high fence. That would block people in cars and most people standing from seeing over the fence. As for Pontillo's stated goal of building a deck on the back of his building, which is part of the historic Four Corners District, well, Pontillo hasn't even applied for a permit for it, so Boldt indicated she wasn't interested in considering it as a criterion on this point.

Whether the requested area variance is substantial.

As a matter of measurement then -- depending, again, on who is doing the measuring and where --  the extra height, as a matter of percentages, is from 15 to 30 feet higher than the six-foot fence Pontillo could build without a variance.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

James Balonek piped up on this one and said yes, because of the sunlight and the airflow.

The reason for denial Boldt wrote down on the ZBA's form was because granting a variance could impact future decisions of the board and reduce the ability of the code enforcement officer to enforce the law.

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

Boldt read the objection and immediately said it was because Pontillo built the fence. Then she wanted to know from the code enforcement officers when they issued a stop-work order to Pontillo. That led to a discussion with Pontillo and his attorney about the timeline of events.

According to attorney Peter J. Sorgi, Pontillo sought a variance for a fence, was denied, decided to build a different fence and was told by town officials that a fence of six feet or less didn't require approval or permits, so that's what Pontillo set out to build. When the fence, which is in plain view of Town Hall, was nearly complete, Pontillo received a stop-work order and immediately complied.

That's a set of facts nobody in the room explicitly disputed.

Boldt wrote on the ZBA form that the difficulty was self-created.

When Boldt first started going through the criteria, Balonek raised the first objection and said the requested variance would create an undesirable change because it goes against code.

Sorgi pointed out, "that's why you have variances." By that definition, he said, no variance would ever be granted.

Boldt told Sorgi, "We've been trained that it's extremely hard to get a variance."

Bridge on Route 19, Pavilion, closed for repairs

By Howard B. Owens

Press release: 

The New York State Department of Transportation today announced the bridge that carries Route 20 over Oatka Creek in the Town of Pavilion, Genesee County, is being closed for repairs today, Sept. 16, while bridge workers make repairs. The bridge is expected to reopen by Friday, Oct. 2.

The structure is located about a half mile west of Route 19.

A detour will be posted using State Route 19 and State Route 63.

This bridge is being closed following a recent inspection that identified significant steel deterioration.

Photo: Sunrise over Stafford

By Howard B. Owens

Taken this morning from Assemblyman R. Stephen Hawley Drive, just off the Genesee Community College campus.

Stafford ZBA to meet tonight on Pontillo fence isssue

By Howard B. Owens

The Town of Stafford Zoning Board of Appeals meets tonight to discuss the fence James Pontillo erected on his property.

The board's regularly scheduled meetings are for the third Monday of the month. This month, that should have been Sept. 21, but we've been informed the meeting has been moved to 7 o'clock tonight.

Related: after last night's Stafford Town Board meeting, the board passed a resolution authorizing town attorney Kevin Earl to take all steps necessary to enforce code compliance issues against James Pontillo. The resolution retroactively approves any actions taken by Earl.

Here's a PDF of the full resolution.

City plans to replace trees trimmed by National Grid

By Howard B. Owens

All of those trees that were trimmed by contractors for National Grid that have been called mangled and butchered will be removed, says City Manager Jason Molino.

They will be cut down, the stumps ground down to sawdust and new trees -- trees that won't grow as tall and cause problems with power lines -- will be planted in their place.

"I think we have a wonderful partnership with National Grid and how that's demonstrated is the fact that we've been able to work out an arrangement that we can partner with them to remove some of these trees," Molino said after Monday's City Council meeting.

Chief says more time needed to evaluate usefulness of surveillance camera on State Street

By Howard B. Owens

A little more than a year ago, Batavia PD installed a surveillance camera on State Street near Hutchins Place, but Chief Shawn Heubusch said that a year's worth of use hasn't produced enough data to say if it's worthwhile for the city to invest in more such cameras for other locations.

There have been no criminal convictions resulting in use of the camera.

"A lot of times we look back and review footage and see if somebody is involved or not involved (in an incident)," Heubusch said. "It's always good to take a look back when you have video evidence of something."

Heubusch wouldn't reveal whether the camera's feed is regularly monitored, if whole periods of time are regularly reviewed, or if it's only reviewed in the case of specific incidents reported.

Making light of his reluctance to discuss that point, he said, "I don't know if I want to give any secrets away."

The camera was installed in August 2014 because that particular area had been a source of numerous calls for police service in the proceeding months.

Asked if he'd like more cameras, Heubusch said, "we're still evaluating this one."

"It's been up about a year," Heubusch said. "I don't know if that's the perfect time frame for an evaluation period. If it proves its worth, then yes."

The department also has available for patrols a number of body cameras, but not enough for every officer to wear them on every shift.

While body cameras have been touted in the national debate over police conduct, Heubusch said that's not why he wants his officers to wear them.

"The whole premise for my bringing body cameras to the City of Batavia was to collect evidence," Heubusch said. "It wasn't to monitor my officers. I don't think they need that. What it (the camera) does is collect evidence that can subsequently be used at trial or a proceeding so the officer's recollection is always there. You have it in black and white."

Picture collection provides historic, artistic and commercial glimpse of Batavia's past

By Howard B. Owens

For most of his life, Gary Harkness has been collecting the curios of Genesee County. A locally produced bottle here, a knickknack there, anything, really that could be tied to his home community.

This collection, of course, includes pictures, lots and lots of pictures, from rare photos to unique posters and advertising broadsides.

GO ART! has helped Harkness curate this collection into a show at its Batavia gallery for the month of September.

There is an open house for the show at 5 p.m., Friday.

Car from Genesee County tied to drive-by shooting in Rochester

By Howard B. Owens
Ryan Bobzin

A local man was charged with unauthorized use of a vehicle after a car he allegedly took from a relative was identified as a vehicle involved in a drive-by shooting in Rochester.

The State Police did not release details on the Rochester case, which is being investigated by the police department there.

Arrested and jailed on $1,000 bail was Ryan M. Bobzin, 26, of Byron. 

No further details released.

Stafford approves permit for spreading of septic waste on farm fields

By Howard B. Owens

A decades-long practice of spreading septic waste on farm fields in Stafford, which drew criticism from a local environmentalist earlier this year, will continue for at least another year with the approval Monday of a permit by the town board.

A.D. Call applied for a renewal of the permit for spreading of septic waste -- human waste -- on two fields north and south of Route 5.

In April, Attica resident John Volpe raised the issue with the Town of Stafford Board, claiming that the Calls were bringing in waste from surrounding communities and dumping amounts in excess of the permit's permitted limits.

Gerald Call said his farm has stayed within limits set by the town – 25,000 gallons per acre per year.

Only one resident raised any objections at Monday's meetings.

She raised concerns that the state Department of Environmental Conservation doesn't have the manpower to monitor the spreading of human waste and that if the Town of Stafford permits it, it becomes the responsibility of the town to inspect the practice. Supervisor Robert Clement said he's spoke with the DEC and the agency has been clear with him that it's not the town's responsibility. 

"Like I said, I have timely, up-to-date e-mails from the DEC and I would be happy to share them with you," Clement said.

Stafford concludes three-year effort to ban fracking with passage of local law

By Howard B. Owens

The Town of Stafford became the first local community to ban hydrofracking within its borders with a 4-0 vote of the board on Monday night following a public hearing where every speaker supported the ban.

Fracking involves using hydraulic force, with a mixture of water, chemicals and sand, to extract gas from shale. The technique is controversial. Opponents believe the process generates soil and water contamination.

"This is the wisest, the safest and the best thing to do for our community for many years to come," said resident Judy Manly.

Another speaker, who didn't provide her name, said it was up to Stafford to protect itself because the town can't count on the legislature or governor to ban it and current state Department of Environemtnal Conservation regulations could easily be overturned by another administration.

"Passing this law in our town is a safety measure that we absolutely need," she said.

Three years in the making, the law prohibits extraction, exploration, storage of wastes, and other activities in connection with underground injections for petroleum or gas production within the Town of Stafford limits.

Kwik Fill closed for resurfacing

By Howard B. Owens

The Kwik Fill at Jackson and Ellicott streets is closed for a few days -- with work starting yesterday -- for the lot to be resurfaced. The cement and asphalt is being completely removed and replaced. A worker said they expect the store to reopen by Thursday, though work will continue for a few more days after that.

Winner of Batavia Downs drawing uses prize to drive off with a Buick LaCrosse

By Howard B. Owens

Mary Frombgen, of Gasport, was the big winner in a drawing at Batavia Downs on Saturday, claiming a prize of $5,000 toward the purchase of a vehicle from Crazy Cheap Cars, in Oakfield. Frombgen went to the dealership yesterday, test drove several vehicles and settled on a 2012 Buick LaCrosse, which she said she just loved. Pictured with Frombgen is Crazy Cheap Cars owner Mike Ognibene.

Law and Order: Person allegedly found with 27K untaxed cigarettes

By Howard B. Owens

Roberta Susan Dwello, 55, of State Route 104, Williamson, is charged with possession/transportation of more than 10,000 untaxed cigarettes and criminal tax fraud. Dwello was stopped on Route 77, Pembroke, at 12:20 p.m. Sunday by Deputy Joseph Corona. Dwello was allegedly found with 27,000 in untaxed cigarettes and is accused of selling untaxed cigarettes for financial gain.

Bobbisue Butler, 32, of Byron Holley Road, Byron, is charged with petit larceny. Butler is accused of shoplifting from Walmart.

Matthew Christopher Moy, 22, of Glidden Road, Holley, is charged with promoting prison contraband, 1st. Moy was allegedly found with a pocketknife while inside the jail.

Kivon Alijah Orr, 18, of Kelly Street, Bronx, is charged with trespass. Orr was allegedly in a dorm at College Village without permission.

Mark David Jackett, 45, of Sunrise Parkway, Oakfield, is charged with criminal contempt, 2nd. Jackett allegedly had unwanted contact with a protected party.

Ryan M. Bobzin, 26, of Byron, is charged with unauthorized use of a motor vehicle. Bobzin was arrested by State Police for an alleged incident reported at 1:20 p.m., Sept. 8. No further details released.

Game Report: Elba/Byron Bergen over Holley

By Howard B. Owens

 Photo by Baily DeLelys

Richard Flores had 16 carries for 214 yards and three TDs plus a kickoff return of 82 yards for a touchdown. Tucker Bezon, two carries for 66 yards and two TDs. John Hochmuth was five for nine passing for 60 yards and a TD. he also had four carries for eight yards. Brendan Marsocci and Chase Toal each had rushing touchdowns.

On defense, Andrew Gotler had 15 tackels, Cody Kauffman, 14, David Castaneda, and Flores, eight.

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