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Three poles at each entrance of a pair of proposed solar projects off of Ellicott Street Road in the Town of Batavia will be less of an eyesore than four, members of the town planning board decided on Tuesday.

At one time, the developer, Cypress Creek Renewables, proposed four poles.

At Tuesday's meeting, project attorney Mark T. Sweeney, after a lengthy discussion of the topic, asked the planning board to commit to three poles if that is truly their desire.

"What we would ask then is that the board clarify the condition of approval to require us to have a maximum of three poles per project," Sweeney said. "Then we can agree, we can accept that and redo a redesign for that. What we really need tonight is to be able to walk away knowing what it is we have to do. So that would be my ask of you as a board is to clarify and modify that condition of approval so that we can do that."

The number of poles is not a straightforward design decision, Sweeney explained during Tuesday's discussion.  The equipment that is mounted on the poles can be placed on the ground but at much greater expense.  The design must be approved by National Grid. The ground-mounted equipment is big and bulky and must be fenced in. And ground-mounted equipment is a special order and supply issues are delaying delivery.

Introduced in June 2019, the proposal from Cypress Creek Renewables LLC calls for the construction of two solar farms on property owned by Don Partridge at 5117 Ellicott Street Road.

• A 5-megawatt array on 18.2 acres of a 65-acre parcel of otherwise agricultural land, known as Trousdale Solar I;
• A 4-megawatt system on 19.6 acres of a 71-acre parcel of otherwise agricultural land, known as Trousdale Solar II.

The four-pole plan Cypress Creek came up with for each project -- and that received a nod of approval from National Grid -- helped the company balance competing factors and the company sought to maintain that balance, Sweeney said. 

"There's a balance, you know, in what SEQR requires," Sweeney said. "The site plan evaluation requires a balance of the impacts versus the cost. One of the things we were looking at is just that element of it. I understand if there's a particular impact that is to be avoided, or identified that we weren't aware of, that's one thing, but just simply ground-mounting something at a significant cost would be -- for no significant benefit to the environment, from a visual standpoint -- would be in our position, something we've tried to avoid. "

When the equipment is ground-mounted, it must be placed on a two-foot-high base, Sweeney said. The equipment enclosure is six feet tall.  And because it is electrical equipment, it must be surrounded by a fence. 

"You do have some residual visual impact resulting from that installation," Sweeney said.

Board members asked why there couldn't be three poles at each location since other solar projects have been able to meet that requirement. 

Sweeney said he couldn't answer that question.

"I understand completely where you're coming from, and having consistency with other projects," Sweeney said. "I don't know why those projects have three. I don't know what their equipment lineup is. I assume that it's substantially similar, but it might be different. The project size might be different panel types, inverter types -- there's a whole level of engineering that goes into what may cause the number to be different. It could be that it could have been an earlier project that got a higher incentive from NYSERDA by being in a different block. So they had more money available to spend on that type of thing. There may not have been any landscaping associated with that project. They could take the money from the landscaping budget and put it into that. There are all kinds of different things of which we're not aware."

To help mitigate the visual disturbance of four poles, the poles were designed to be back from the roadway and screened from view by landscaping.

In the end, board members decided they would rather see only three poles on each site.

"I think even four poles with all the lines and all the stuff hanging out from them, it's just going to be an eyesore, not only for people who live there, but just driving by," said board member Jonathan Long. "It just doesn't fit in with the character of the neighborhood. In my opinion, saying that it's a cost to the project is, in my opinion --  this is going to be there 20-plus years, part of the scenery there; it's not going to go away. So the upfront costs are minor compared to long-term impacts."

Once Sweeney said he would like board action affirming they would accept three poles instead of four, a motion was made and passed.

Photo: Bridget Cuddihy, project developer for Cypress Creek, and Mark Sweeney, project attorney. Photo by Howard Owens.

Previously: 

• Ellicott Street Road solar projects on hold pending receipt of additional visual documentation
• Concessions in hand, Batavia Town planners approve Ellicott Street Road solar projects

A single-vehicle accident is reported in the area of 78 Clay St., Le Roy.

The vehicle struck and sheared off a utility pole.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 4:34 p.m.: Route 5 is being closed at Clay Street.

A public hearing is not required for approval of a 76-unit expansion of the Country Meadows housing community at 5121 Clinton Street Road, Batavia, but since some residents of Stringham Drive might be concerned about it, the Town of Batavia Planning Board agreed at Tuesday's meeting to hold a hearing.

A public hearing requires notification to neighboring residents and gives them an opportunity to express concerns or ask questions.

The hearing will be at 7 p.m., July 19 at the Batavia Town Hall.

Country Meadows is operated by Rochester MHP Portfolio LLC and owner Jeffrey Cook.  It currently contains 174 manufactured homes.

Stringham Drive is immediately to the south of the 75-acre parcel.

Engineer Glenn F. Thornton presented the development plans to the board on Tuesday and said steps are being taken to address any potential concerns of Stringham Drive residents.  

He said there is an additional 50 feet of separation between the new home lots and the property lines of Stringham Drive homes.

"It's heavily vegetated over there (along the southern boundary of the development), so we're proposing to leave all of the vegetation in place to kind of screen the two properties from each other," Thornton said.

The new lots will be slightly more spacious than the existing lots, he said. The current lots are about four to an acre, he said.  The new lots will be 2.5 per acre.

Much of the reason for the larger lots are the constraints imposed by the geography and infrastructure of the area being developed.   There needs to be proper stormwater drainage and there is an existing "fairly wide" town sanitary sewer easement through the property.

"I think everything we're proposing is within the 6,000 square foot minimum lot size," Thornton said. "The separations between the homes, the setbacks from the property lines, I believe everything is code compliant, so we're not looking for any variances."

Much of the discussion Tuesday was about stormwater drainage.  The plan includes a swale, already a natural feature of the property, to drain water into a retention pond so it can be slowly drained into the town's stormwater drainage system, as well as berms to help channel runoff.

The new development will not increase runoff on Stringham Drive, Thornton said.

"Stringham Drive's drainage is coming our way actually," Thornton said. "We're actually capturing the runoff from Stringham Drive that's coming out on our property and routing it around our home sites, trying to get it up into this swale (pointing to an architectural drawing) up in here. Really, anything within the development area we have to capture and route into our stormwater management areas. So anything we have is going into those areas where we'll mitigate the flow to existing conditions as it leaves the property."

There are currently three driveways serving the development.

Planning documents submitted by Thornton's firm state there will not be a significant increase in traffic as a result of the additional pre-manufactured homes. It states there will be 275 additional vehicle trips daily, with 19 additional trips during the peak morning hour and 42 during the peak afternoon hour, and most of those trips through the property's western driveway.

That driveway can easily accommodate the additional traffic, the report states.

Photo: Glenn Thornton. Photo by Howard Owens.

The Batavia Concert Band opened its 96th season on a perfect evening in Centennial Park on Wednesday with a tribute to long-time member Bob Knipe and a thank you to its 2022 sponsors, including (but not limited to) GO ART!, Brighton Securities, WBTA, and the Batavia Rotary Club.

Upcoming concerts are at 7 p.m. on July 27, July 6, July 13, July 20, July 27, and Aug. 6.

The July 3 concert will feature soloist Dave Hollenbeck, as part of the Pam Frisby Memorial Concert Series.  

The July 27 concert will be conducted by Batavia native and resident Joshua Pacino, current music teacher at Notre Dame.

Returning for his ninth season as conductor is John Bailey, Instrumental Music teacher at Pembroke Central School District and the organization is under the leadership of General Manager Jason Smith.

The concerts in the park are free.

Photo submitted by Joanne Meiser.

A lot can change in 52 years -- monumental world events like wars, recessions, and pandemics pass by, and new inventions like mobile devices and electric cars transform lives.

But some things stay constant.  

Love, for example.

That's the case for Greg Kinal, who grew up in Elma and then accepted a job teaching social studies at Pembroke High School.

"Prior to taking the job in 1970, I had never been to Genesee County," Kinal told The Batavian on Wednesday. "I didn't know Batavia was here.  "But once I arrived in Pembroke, I fell in love with the community. I fell in love with the kids. I fell in love with the school.  It’s hard for me to come up with the idea that I’m going to be leaving.  I just love this area."

In 52 years of teaching at Pembroke, Kinal said he's taught all manner of young people -- high achievers and those who get by -- but he's found, and it's the reason he loves the kids, that they are all eager to learn.

"Sometimes you get the impression, 'oh, social studies --  groan,' but when we learn about the Vietnam War, kids bring in their grandfathers' medals, or when we talk about World War I, they talk about their family history. There is always interest in the topics we go over."

Now it's time to slow down, said the 74-year-old Kinal, who has two biological children and two stepchildren, and four grandchildren. In retirement, he still plans to be a substitute teacher, but he wants life to move at a slower pace.

"I find that I come to school on Monday and the next day, suddenly, it's Friday," Kinal said.  "I want to take it easier and not have my whole life be in a rush."

Photo illustration courtesy Pembroke Central School District.

At first blush, it looks like another bureaucratic SNAFU. The newly installed railing on the newly installed cement steps outside the Barber Conable Post Office Building in Downtown Batavia encloses more than half the structure.

The design has drawn derisive comments on social media, such as "Great example of wasting tax dollars."

There is an explanation, said Mark Lawrence, strategic communications specialist for the USPS in WNY.

"The Batavia Post Office had a water infiltration issue that could only be accessed by removing a large portion of the front steps and the handicap-accessible ramp," Lawrence told The Batavian in an email. "The repairs were completed and the front steps were returned to their original state.  The handrails are in the original location, as they previously were, in order to reduce slips, trips, and falls."

Previously: Batavia's post office building is 100 years old

Top photo by Howard Owens

File photo from 2019. Photo by Howard Owens.

An undated postcard of the Batavia Post Office sometime after the cement steps were installed.

The post office shortly after its construction in 1919.

Fantasia Octavia Speed, 21, of Weaver Street, Rochester, is charged with grand larceny 3rd, grand larceny 4th, and conspiracy 5th. Speed is accused of stealing something from Walmart at 3:28 p.m., June 20.  Speed was released on her own recognizance.  The grand larceny 4th charge stemmed from a an arrest warrant held by the State Police. NOTE: Attempts to obtain more information on the alleged offense, specifically what was stolen, from the Sheriff's Office were unsuccessful.

Dontaya Nell Kyles, 30, of Affinity Lane, Greece, is charged with grand larceny 3rd. Kyles is accused of stealing merchandise from Walmart valued at more than $3,000. Kyles was arraigned in Town of Batavia Court and released on her own recognizance.

Lauren Kay Pellegrino, 40, of West Main Street, Le Roy, is charged with assault 3rd and menacing 3rd. Pellegrino is accused of assaulting another person at 8:45 p.m., June 20. She was arrested by Officer John Ceneviva and arraigned in Le Roy Town Court. She was released on her own recognizance and an order of protection was issued for her alleged victim.

Peter Jerome Vangalio, 49, of Genesee Street, Le Roy, is charged with criminal contempt 2nd. Vangalio is accused of going to the home of a person of a protected party in an order of protection at 11:55 p.m., June 19, on Genesee Street in Le Roy.  He was arrested by Officer Zachary Klafehn and released on an appearance ticket.

Press release:

Quicklee’s Convenience Stores, headquartered in Avon, NY, officially opens the doors of its first Batavia location to customers this week. The newest Quicklee’s is located at 204 Oak Street, at the site of the former Bob Evans. It is the 1st Quicklee’s in Genesee County, and brings the total number of family-owned and operated Quicklee’s stores to 27.

“When we first announced our plans to build, when we began hiring, and now as we open, the people of Batavia have been helpful, welcoming, and excited about this new store,” said Ken Perelli, Quicklee’s Vice President and COO. “As a family-owned and operated business we believe community support is so important, and we wanted to create a space that encouraged travelers to stop, and see what Batavia is really all about.”

At the time of its opening, the new location is stocked with a variety of cold beverages, snacks, and food items. The new, state-of-the-art touch-screen fuel pumps provide travelers with weather updates and traffic alerts. And in the coming months EV charging stations will be installed and a Tim Horton’s will open onsite.

“This store is located right off of the Thruway at exit 48, making it an ideal location for travelers as well as a great place for locals to stop,” said Brian Mongi, Quicklee’s General Manager. “We have gas, diesel, a great variety of snacks, and a friendly staff ready to help you on your way. It really is a great location, one we hope will encourage more visitors to check out the area.”

Family-owned and- operated, Quicklee’s has ties with national brands like Tim Horton’s, but its local roots are a key part of its identity. In addition to providing a variety of convenience store offerings, Quicklee’s proudly supports community organizations and works with small businesses to provide them with premium placement in its stores. 

A pair of apparently former Batavia residents facing felony animal cruelty charges failed to appear in City Court today for arraignment, prompting Judge Durin Rogers to issue arrest warrants for both defendants.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Both defendants were scheduled to appear earlier in June and both called the court to report that they had COVID-19. They were ordered to appear today and provide proof of positive COVID tests.

Rogers noted that both were clearly aware of the order to appear today for arraignment, and they both demonstrated with their prior calls that they knew how to reach the court if they couldn't make their appearance. 

During his remarks, Rogers referred to Searight as a former Batavia resident. He made no mention of where the defendants might be living now.

One of the two Pitbulls found in the apartment was, according to court documents, in such bad shape that she had to be euthanized.  The other dog is recovering at Genesee County Animal Shelter. He is not yet available for adoption because the owners have yet to relinquish ownership.

Rogers asked the assistant district attorney if the dog was still at the shelter, expressing concern the dog might still be with the owners while the case is pending. The ADA said she believed the dog is at the shelter.

Previously: One of two Pitbulls found abandoned in apartment in good health while mate had to be put down

Photo: File Photo of "Brad Pitt" (the name given to the dog by Animal Shelter volunteers).

The Batavia pitching staff surrendered 13 hits to Niagara Power at Dwyer Stadium on Monday evening but the Muckdogs managed to escape with a 5-0 win.

At 9-2, the Muckdogs are in first place, a half-game ahead of the Utica Blue Sox, in the PGCBL Western Division.

They're home again tomorrow evening, 7 p.m., against Watertown.

Joe Tobia, from Buffalo, and a sophomore at the University of Albany, started and went 4 1/3 innings giving up seven hits.  He's 1-0 with a 0.000 ERA, tied for the league lead.

Levis Aguila, Jr. a junior at Felician University, was 2-3, scoring a run and getting a walk. 

Medina's Brian Fry picked up another hit in three plate appearances.  He's hitting .400 on the season, fourth-best in the league. His OBP is .560 and his OPS is 1.160.

The Muckdogs scored once in the second inning, three in the third (two runs were unearned), and one in the fifth.

Top photo: Niagara Power catcher Jadyn Lobliner waits with ball in glove as Levis Aguila, Jr. attempts to score in the bottom of the third inning.

Photos by Howard Owens

Shortstop Bryan Belo completes a double play in the fourth inning.

Brian Fry completes a double play in the third inning.

Levis Aguila Jr.

Alec Maag scores in the second inning

Brian Fry with a hit in the third inning.

Tyler Cannoe with a hit in the third.

Brian Fry scores in the third inning.

Mike DeStefano pops up from a slide into second base in the third inning after a throwing error by shortstop Mason Kulpa that allowed two runs to score with two outs.

Starting pitcher Joe Tobia

Mary E. Dorman, 36, of Batavia, is charged with DWI, failure to keep right, and moving from lane unsafely. Dorman was involved in a head-on collision at 10:45 p.m., June 4, on Bank Street, Batavia, with a Batavia PD patrol vehicle. Her vehicle also struck a parked car. Dorman was arraigned in City Court and released on her own recognizance.

Thomas Michael Busch, 45, of Willow Street, Lockport, is charged with possession of a sexual performance by a child. Busch was arrested following an investigation into digital images on an electronic device in his possession at 4:30 p.m., May 29, at a location on Alleghany Road, Darien.  He was released on an appearance ticket.

Corey Amber Knapp, 20, of North Avenue, Medina, is charged with criminal possession of a controlled substance 7th. Knapp was arrested on a bench warrant out of City Court.  She was arraigned in Town of Batavia Court and released on her own recognizance.

Constance Christine Pocock, 48, of undisclosed residence, is charged with endangering the welfare of a child. Pocock was arrested by Deputy Jeremiah Gechell in connection with an incident reported in Stafford at 11:38 p.m., June 18.  The specifics of the incident were not disclosed.  She was arraigned in Town of Stafford Court and released on her own recognizance.

Joel D. Prouty 36, of Bergen, is charged with strangulation 2nd, attempted assault 3rd, and petit larceny. Prouty is accused of fighting with a woman at 6:18 p.m., June 8, at a location on Oak Street, Batavia. He was arraigned in City Court and ordered held without bail.

Johnnie M. Waston, 39, of Batavia, is charged with trespass. Watson is accused of returning to a local business on East Main Street, Batavia, at 5:54 p.m., June 13, after being barred from the business.

Megan A. Gregg, 28, of Batavia, is charged with endangering the welfare of a child. Gregg is accused of leaving prescription pills and drug paraphernalia in an area accessible to children at a residence on Ellsworth Avenue, Batavia. She was released on an appearance ticket.

Christopher P Thomas, 38, of Batavia, was arrested on a warrant. Thomas turned himself into Batavia PD. The charges, not released, stem from an incident reported at 1 p.m., May 31.  He was processed and released.

Amanda L. Huber, 40, of Batavia, is charged with disorderly conduct. Huber is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. She was released on an appearance ticket.

Erik R. Motquin, 40, of Batavia is charged with disorderly conduct. Motquin is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. He was released on an appearance ticket.

Tarrence Y. Williams, 22, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child., Williams was allegedly involved in an incident reported at 10:10 a.m., June 9, at a location on Porter Avenue, in which he had physical contact with a person who is subject of an order of protection while in the presence of a child. He was arraigned in City Court and released on his own recognizance.

McKenzie N. O’Connell, 19, of Batavia, is charged with two counts of endangering the welfare of child. O’Connell is accused of providing marijuana to two juveniles and allowing them to smoke the cannabis in her house. She was issued an appearance ticket.

Andrew J. Carr, 40, of Pavilion, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Carr was stopped at 2:12 a.m., June 11, on Harvester Avenue, Batavia, by a Batavia patrol officer. Carr was issued traffic tickets.

M. Compson Summerfield, 24, of Holley, is charged with DWI and reckless driving. Summerfield was stopped at 8:55 p.m., June 13, by State Police in the Town of Batavia. He was released on an appearance ticket.

Paula A. Kingdollar, 53, of Covington, is charged with petit larceny. Kingdollar is accused of a theft at 8:04 a.m., June 15, in the Town of Batavia.  She was arrested by State Police and released on an appearance ticket. No further information released.

Top photo: Photo of a head-on collision involving a Batavia patrol vehicle. Photo by Alecia Kaus/Video News Service.

A man and a woman, who have not been identified by the Sheriff's Office, are suspected of perpetrating a scam involving jewelry outside businesses along Veterans Memorial Drive.

On June 3, deputies responded to the parking lot of Dick's Sporting Goods to investigate a complaint about a man soliciting people for money in exchange for a gold ring. 

During the investigation, the man was identified along with a woman in an associated vehicle.

A scam involving jewelry had previously been uncovered by the Sheriff's Office.

A description of the suspects was not provided.

The Sheriff's Office is asking residents who may have purchased jewelry from people outside businesses in the area to contact Investigator Ryan DeLong at (585) 345-3000 ext. 3572 or Investigator Erik Andre at (585) 345-3000 ext 3574.

Le Roy Little League completed its 70th season last week with the Yankees winning the Scanlan Cup Trophy.

The Yankees won the best of three championship series two games to zero.

Team members are Jude Christ, Austyn Silvernail, Anthony Warner, Michael Warner, Ryan O’Geen, Blake Biracree, Wyatt Whipple, Lucas Miller, Blake Fetzer, and Aiden Weise. Coaches were Jeremy Warner, Barry Christ, Dan O’Geen, and Marty Biracree

Information and photo submitted by Jeremy Warner

A motor vehicle accident with entrapment is reported at Route 19 and North Road, Le Roy.

Le Roy Fire with automatic mutual aid from Pavilion dispatched to the scene.  Mercy EMS dispatched.

UPDATE 1:39 p.m.: Bergen Fire requested to Route 19 and Griswold for traffic control.

UPDATE 1:43 p.m.: Mercy Flight requested to the scene.

Press release:

All motorists please be aware that Columbia Avenue, Seneca Avenue, and Miller Avenue will experience traffic delays on Tuesday, June 21st and Friday, June 24th from 7 a.m. to 3 p.m. for a two-course paving operation.

While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather-dependent work; if work is postponed it shall progress to the next workday.

Please contact the Bureau of Maintenance at 585-345-6400 Option 1 if there are any questions.

Thank you for your cooperation.

 Marsha Riggi chest bumps Oakfield-Alabama Superintendent John Fisgus during the high school's graduation ceremony on Saturday.  Riggi may have gotten the idea from Gaige Armbrewster, who chest bumped Fisgus when he accepted his diploma. 

Photos by Debra Reilly.