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Appeals court rules a variance required for duplexes in Le Roy's Presidential Acres

By Howard B. Owens

Pete McQuillen has plans for more development at his property in Presidential Acres in the Village of Le Roy.

But that apparently won't include duplexes, which just became a lot harder for him to build on those lots with an appellate court ruling last week that found he would need to seek a variance from current zoning to build duplexes.

Asked about the court decision this morning in an email, McQuillen did not have a lot to say, other than that his plans for new construction will "mirror" the findings of a recent Genesee County housing needs assessment report.

"However, I am not just ready to relay my plans for the balance of the subdivision," McQuillen said. "I will say we have an OPEN HOUSE on April 14 and April 21 showing our brand new patio home. Again, mentioned as a need in the study."

The legal battle between McQuillen and residents of Presidential Acres has been ongoing for nearly a decade and in February, McQuillen received a court ruling that would allow him to build duplexes on his lots.

The plaintiffs -- Randolph Bartz, Jane Bickett, Candace Bower, David Boyce, Robert Boyce, Elizabeth Boyce, Joseph Condidorio, John Green, Joseph Mckay, Stephen Moulton, and Ronald Paganin -- were able to get that decision overturned last week, however.

The case stemmed from an appeal in 2015 by David Boyce of the Zoning Board of Appeals' decision to grant a building permit for a duplex on Lot 18. The ZBA relied on the fact that two lots already had duplexes, built by McQuillen and his partners, on them and therefore a variance wasn't necessary.

When the ZBA denied the Boyce appeal, Boyce and the other residents sought relief from the courts. Judge Emilio L. Colaiacovo sided with the ZBA and the village, but the Fourth Division of the state Appeals Court ruled last week that the right to build duplexes in what is clearly an R-1 zone had not vested.

Amy Kendall, attorney for the plaintiffs, said the ruling gave her clients exactly what they sought all along -- no duplexes without a variance approved by the Zoning Board of Appeals for the Village of Le Roy.

Such a variance, she said, would be a hard bar to pass.

"I can tell you without hesitation that my clients are pleased with the outcome," Kendall said.

Le Royan promoted to Private First Class in NY Army National Guard

By Billie Owens

Major General Anthony P. German, the Adjutant General for the State of New York, announces the recent promotion of members of the New York Army National Guard in recognition of their capability for additional responsibility and leadership.

Tanner Bolsei, from Le Roy, and assigned to the Headquarters and Service Company, 642nd Support Battalion received a promotion to the rank of Private First Class.

Army National Guard promotions are based on overall performance, attitude, leadership ability, and development potential.

These promotions additionally recognize the best qualified Soldiers and attract and retain the highest caliber Citizen Soldiers for a career in the New York Army National Guard.

For more information about the New York Army National Guard, visit www.dmna.ny.gov or www.1800goguard.com

The New York National Guard (New York State Division of Military and Naval Affairs) is the state's executive agency responsible to the Governor for managing New York's Military Forces, which consists of nearly 20,000 members of the New York Army National Guard, the New York Air National Guard, the New York Naval Militia and the New York Guard.

Grand Jury: Man indicted for allegedly burglarizing two convenience stores in Pavilion on the same day

By Billie Owens

Phillips S. Muzzy Jr. is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 22 at about 12:45 a.m. that he knowingly unlawfully entered  the Pavilion Farms gas station on South Lake Road in Pavilion with the intent to commit a crime. In count two, he is accused of second-degree criminal mischief, also a Class D felony, for allegedly intentionally damaging property belonging to others. Muzzy allegedly damaged a glass door, computerized cash register system and cash drawer, in an amount exceeding $1,500. In count three, the defendant is accused of petit larceny, a Class A misdemeanor, for allegedly stealing property from Pavilion Farms. In count four, Muzzy is accused of another count of third-degree burglary on the same day. He is accused of knowingly and unlawfully entering another gas station, Crosby's on Telephone Road in Pavilion, with the intent to commit a crime. In count five, he is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging the property belonging to another. He is accused of damaging a glass door in an amount exceeding $250. In count six, Muzzy is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property from Crosby's having a value exceeding $1,000.

Karaya D. Cummings is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Cummings knowingly and unlawfully possessed a narcotic drug -- heroin -- with the intent to sell it. In count two, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for operating a 2006 Hyundai on Route 490 while her privilege to drive in New York was revoked by authorities. The indictment states the defendant had 10 or more suspensions in effect, imposed on at least 10 different dates, for failure to answer, appear or pay a fine in Monroe County in the City of Rochester from Feb. 4, 2014 through Oct. 23, 2016, and on Christmas Day (Dec. 25) 2013 in the Town of Ogden.

Le Roy HS inducts 32 students into National Honor Society

By Howard B. Owens

Statement and photos by Le Roy HS Principal Tim McArdle:

On Thursday we inducted 32 new members into National Honor Society. This is a wonderful honor and accomplishment for our students and their families.

These students have maintained an overall GPA of 90 percent and possess the five qualities that make a model student: scholarship, service, leadership, character and citizenship.

Sr. High ELA teacher Mr. Crowe was the guest speaker and shared wonderful advice to our Knights including: “No matter what job you choose, choose it because it will touch lives; it will make a difference not just to yourself but to others around you.”

Current members participated in the evening by running the ceremony and reading the new inductees’ biographies.

I would like to thank rookie advisor Mrs. Curtis and the NHS officers for organizing a quality program for our students.

I challenge these students to use their talents and reach out to other students who need a boost or support to make our school the best it can be!

We would like to congratulate the families of our new members. We all know it takes a team to be successful!

Le Royan retires from Army National Guard after 37 years of military service

By Billie Owens

Major General Anthony P. German, the Adjutant General for the State of New York, announces the recent retirement of members of the New York Army National Guard, marking their end of service to community, state and nation as part of the Army National Guard.

Chief Warrant Officer 4 Michael Risewick from Le Roy and assigned to the Company B, 642nd Support Battalion, retired from the New York Army National Guard last month after some 37 years of military service.

Risewick first entered the military in February 1981.

"It is a bittersweet achievement, each time we celebrate the retirement for one of our National Guard Citizen Soldiers," German said. "I want to applaud the accomplishment and the milestone of more than 20 years of service not only of these Soldiers, but of their families and civilian employers. We say that we recruit Soldiers in the Army National Guard, but we know that to make this a career we retain families," German said.

"On behalf of our force, I want to wish only the greatest success for all the future endeavors of our retirees as they embark on new chapters of their lives."

For more information about the New York Army National Guard, visit www.dmna.ny.gov or www.1800goguard.com

The New York National Guard (New York State Division of Military and Naval Affairs) is the state's executive agency responsible to the Governor for managing New York's Military Forces, which consists of nearly 20,000 members of the New York Army National Guard, the New York Air National Guard, the New York Naval Militia and the New York Guard.

Chicken Parmesan / Pasta Dinner

By Lisa Ace

Chicken Parmesan / Pasta Dinner
Saturday April 7th

American Legion LeRoy, NY Post#576
53 WEST MAIN LE ROY, NY 14482

4:30pm – 7pm or Sold Out

Take Outs Available

$10.00

Open to all members and guests, please join us. 

Event Date and Time
-

Village of Le Roy election results

By Howard B. Owens

The Village of Le Roy held a board of trustees election yesterday to fill two positions.

Here are the results:

  • Democratic -- William Kettle (Incumbent), 141 votes
  • Republican – Richard Tetrault, 131 votes
  • Republican – Mitchell Cowen, 65 votes  

Photo: There's a village election in Le Roy today

By Howard B. Owens

Bob Taylor and Jim Bonacquisti at the Village Hall in Le Roy this afternoon after they had just finished voting into today's village board election.

There are three candidates for two seats.

Bonacquisti is currently serving and has two years left on his term (correction: he was not on the ballot this year). Taylor sat out this race after 10 years of service to the community. 

The polls close at 9 p.m.

Le Roy PD offers class to provide citizens with information on how to respond if confronted by active shooter

By Howard B. Owens

More than three dozen Le Roy residents attended a class Monday evening at the Village Hall led by Officer Greg Kellogg and Detective John Condidorio on how citizens can react and respond if they find themselves in an active shooter situation.

Using lecture, videos, and question and answer, Kellogg covered such issues as having a plan -- thinking ahead, knowing where the exits are, what objects can be turned into weapons, what you will do to protect yourself if a bad guy with a gun showed up. Imagining various scenarios and how you would respond, not as a hero, but as somebody who can escape or hide, and perhaps help others do the same, will help you avoid panic.

The first rule, they said, is to get out of you can. Then call 9-1-1. Once out, if police are already on scene, follow their orders.

Your priorities, they said should be:

  • Avoid (escape or hide);
  • Deny (barricade);
  • Defend (fight back only when there is no other option).

If it gets to the defend point, knowing ahead of time what items can be turned into a weapon to either disable or disorient the shooter -- a chair, a table, a fire extinguisher, a pen -- can help save lives.

Kellogg said Le Roy PD can provide additional classes for the community upon request.

Sgt. Hare takes retirement after 20 years with Le Roy PD

By Howard B. Owens

After 20 years of service to the community of Le Roy, Sgt. Michael Hare called out of service for the last time at 7 a.m. and was saluted by his colleagues as he prepared to leave the Village Hall.

Hare started his career in his hometown of Warsaw and after five years took a job in Le Roy because the department offered more advancement opportunities.

He also said, "it’s tough working in your hometown. It’s nice to get out and not be arresting the people you went to school with."

As for retirement, he's working on getting his license to drive a bus so he can take a job driving for the Caledonia-Mumford School District.

Hare, who usually worked night shifts, said he's also looking forward to spending more time with his family.

"The most rewarding thing (about being a police officer) is just being able to help people out and being able to see the end results," Hare said. "Sometimes it’s not always the best, but you try to make it the best and it’s a great opportunity to help the public."

Two juniors at Le Roy HS chosen as Empire Girls State reps by Botts Fiorito AL post

By Billie Owens

Submitted photo and press release:

The American Legion Auxiliary Botts Fiorito Post 576 in Le Roy announces Empire Girls State program representatives. The auxiliary is honored to have Ava Horgan, pictured left, representing Unit 576 and Samantha Call representing Genesee County.

American Legion Auxiliary Empire Girls State program will be held July 1- 7 at The College of Brockport in Brockport.

Empire Girls State is a hands-on weeklong educational workshop, focusing on Americanism and the political process, sponsored by the New York State American Legion Auxiliary. The goal of the program is to help students to better understand democratic ideals and the part individuals play in carrying out these ideals.

Ava is a member of Botts Fiorito Post 576 and a junior at Le Roy High School. She is a member of the National Honor Society, Student Council vice president, also an attorney for the Mock Trial Team. She is the daughter of Dan and Sarah Horgan, of Le Roy.

Samantha is also a junior at Le Roy High School. She is a member of the Honor Society, French Club and enjoys playing hockey, dance, and musicials. "Sam" is the daughter of Stephanie and James Call, of Stafford.

Law and Order: Woman accused of stealing more than $23K from employer in Stafford

By Howard B. Owens
      Lisa Sinclair

Lisa Marie Sinclair, 43, of Myrtle Street, Le Roy, is charged with forgery, 2nd, and grand larceny, 3rd. Sinclair, employed by a company in Stafford, allegedly falsified checks on her employer's bank account, enabling her to steal more than $23,000. She was arraigned in Stafford Town Court and released under supervision of Genesee Justice.

Philip David Amedio, 18, of Hartland Road, Gasport, is charged with unlawful possession of marijuana. Amedio was charged following an investigation by Deputy Matthew Bailey of an accident on Bloomingdale Road, Alabama, at 3:18 a.m. Wednesday.

 

Wyoming County Drug Task Force nabs suspected dealers from Batavia and Le Roy

By Howard B. Owens
      Lance Mercado
     Mitchell Freeman

Among the 11 people arrested on drug sales charges over the past few weeks in Wyoming County were two Genesee County residents, according to arrest reports released today by the Wyoming County Drug Task Force.

Mitchell Freeman, 29, of Quinlan Road, Le Roy, was arrested Feb. 17, and charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Freeman is accused of selling buprenorphine in the Village of Attica in the fall. He was ordered held in the Wyoming County Jail.

Lance Mercado, 27, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 4th, and two counts of criminal possession of a controlled substance, 5th. Mercado is accused of selling buprenorphine on two occasions in the fall in the Village of Attica. He was arrested Feb. 1 and jailed on $25,000 bail.

Wyoming County Sheriff Gregory J. Rudolph said the task for continues to seek several other suspects on drug indictment warrants and that his office will continue to do its part to help fight the current drug epidemic.

“The Wyoming County Drug Task Force continues to diligently investigate in the enforcement piece of this drug epidemic," Rudolph said in a press release. "Enforcement will not combat addictions and intense treatment is needed to tackle that difficulty, however, we as a law enforcement community are all committed to investigating and arresting drug dealers who prey and profit from those addictions.

"It is also our hope that taking drug dealers off the street contributes to the prevention piece of this epidemic, particularly with our youth. Stemming the opioid crisis is a multi-prong approach and the Wyoming County Drug Task Force is resolved in doing our part.”

Cows need time to adjust to daylight savings time

By Howard B. Owens

Press release from American Dairy Association North East:

Do you have trouble adjusting to daylight saving time? If you do, then you aren’t alone. Dairy cows do, too.

“Like many of us, cows are creatures of habit,” said Natasha Stein Sutherland, dairy farmer and owner of Stein Farms in Le Roy. “That first week after the time changes takes a little adjustment for everyone on the farm – cows and farmers alike.”

To ease the transition, some farmers will make gradual adjustments to the cow’s schedules – shifting milking times in 30-minute increments over two days. Others find it’s just as easy to make the switch all at once.

“It really depends on the individual farm and their management practices,” said Stein Sutherland. “There’s no one-size-fits-all when it comes to dairy farming. But, keeping cows comfortable and content is something we all practice every day.”

According to Stein Sutherland, research shows that more light helps cows produce more milk and ideally, cows should have 16 to 18 hours of daylight each day. Farmers use a variety of practices – including lights on timers – to ensure cows have the light they need.

This year marks the 44th year when clocks are set forward one hour. President Nixon signed into law the Emergency Daylight Saving Time Energy Conservation Act in 1974. The extra hour of daylight will last until Nov. 4.

Photo submitted by Stein Farms.

Grand Jury Report: Man accused of seriously injuring another person in assault

By Howard B. Owens

Joseph J. Cavico is indicted on counts of assault in the second degree, criminal possession of a weapon in the third degree, and menacing in the second degree. Cavico is accused of causing serious physical injury to another person by means of the use of a deadly weapon in the Town of Le Roy on Dec. 15. Cavico is accused of possessing a .357 magnum handgun with the serial number obliterated. He is accused of placing another person in reasonable fear of death or serious physical injury by displaying a deadly weapon in a menacing manner.

Joshua J. Bush is indicted on a count of rape in the first degree and two counts of rape in the third degree. Bush is accused of compelling a person to have sex Oct. 4 at a location in the Town of Bergen. He is accused of sex and oral sex with a person without that person's consent. 

Cindy M. Auberger is indicted on a count of felony DWI. Auberger is accused of driving drunk Oct. 29 in the Town of Bergen. Auberger has a prior DWI conviction in 2009.

Le Roy student accused of threatening others at school

By Howard B. Owens

A 16-year-old Le Roy HS student has been charged with making terroristic threats following an incident at the school yesterday where the student threatened to shoot people.

The youth was jailed on $10,000 bail

The Sheriff's Office received a call at 3:15 p.m. yesterday after school officials reported a student had made the threats.

An investigation revealed the male student who was charged was involved in a confrontation with several other students in a hallway and allegedly made the threat during the confrontation.

No weapons were displayed and no weapons were located.

There were no injuries.

The charge is a Class D felony.

From the press release:

The Sheriff's Office commends the school's administration and staff for their quick notification and assistance during the investigation and reminds citizens that we have a 'no tolerance policy' for any violence or threats of violence directed at anyone in or about school.

Le Roy HS presents 'The Little Mermaid' for three performances starting tonight

By Howard B. Owens

Le Roy High School presents three performances of "The Little Mermaid" starting tonight.

The current goes up at 6 o'clock and tickets are $10 at the door or available online (click here).

There are also performances at 6 p.m. tomorrow and Saturday.

Yesterday, the cast and crew of 115 students performed twice for students in grades 7 through 12, and grades 1 through 6.

"We hope you will join us in celebrating our amazing hometown talent and enjoy a night of great laughs and fun," said Le Roy Principal Tim McArdle. "This show is going to be so spectacular and, as always, the Pat Patton backdrops take this show to the next level."

Photos by Don Dessert, except bottom photo, by Tim McArdle.

Law and Order: Woman accused of driving drunk with three children in vehicle

By Howard B. Owens

Amy M. Page, 32, of North Road, Scottsville, is charged with felony DWI and three counts of endangering the welfare of a child. Page was stopped by Le Roy PD on March 4 after a caller, who followed a vehicle on Route 5 from Stafford, reported a vehicle almost hit two vehicles, drove in the wrong lane and went off the road numerous times. Page is accused of driving with a BAC of .18 or greater with three children in the vehicle. She was jailed on $2,500 bail and issued a full stay away order of protection for the children.

Jeffrey Ellinwood, 58, of East Main Road, Le Roy, is charged with DWI and other traffic offenses. Ellinwood was stopped Feb. 26 in the Village of Le Roy by Le Roy PD. He is accused of driving with BAC of .18 or greater.

Danielle Derenzo, 53, of Hartshorn Road, Corfu, is charged with aggravated unlicensed operation, suspended registration, and driving without insurance. Derenzo was stopped Feb. 27 in the Village of Le Roy by Le Roy PD.

Chad Giesler, 34, of Barks Road, Caledonia, is charged with DWI, and other traffic offenses. Giesler was stopped March 1 in the Village of Le Roy by Le Roy PD.

Phoenix Webb, 18, of County Route 37, Central Square, is charged with misdemeanor criminal possession of marijuana, 4th. During a traffic stop in the the Village of Le Roy on March 3 a police officer smelled the odor of burnt marijuana. During a subsequent search of the vehicle, Webb was found in possession of more than two ounces of marijuana. He was jailed on $500 bail.

Felix Cabreralopez, 65, of Emerson Street, Rochester, is charged with aggravated unlicensed operation, 1st, and uninspected vehicle. Cabreralopez was stopped at 8:51 p.m. Tuesday on South Lake Avenue, Bergen, by Deputy James Stack. He allegedly had his privileges revoked or suspended 10 times on 10 different dates. He was released under supervision of Genesee Justice.

Danielle Renee Tooley, 33, of South Main Street, Batavia, is charged with bail jumping, 3rd. Tooley is accused of missing a scheduled court appearance.

Travis Tritt, Quite Riot, Blackjack Billly, among top acts headlining The Ridge in 2018

By Howard B. Owens

The Ridge NY (Frostridge) has announced its 2018 concert lineup, which includes a return of Blackjack Billy (file photo), along with the American Warrior Concert, Quiet Riot, Little River Band, the Outlaws and Travis Tritt to close out the season.

Friday and Saturday, June 1st and 2nd
- American Warrior Concert (A benefit for WNY Heroes, a veterans' organization)
  2 Days, 30 Bands, Vendors of all kinds, Amazing Food, Great Cause.

Friday, June 15th
- JASON MICHAEL CARROLL w/ special guest Rebels Posse

Saturday, June 16th
- RODNEY ATKINS w/ special guests Steven Cali and Branded

Friday, July 27th
- QUIET RIOT w/ special guests Savage Cabbage and

Saturday, July 28th
- LITTLE RIVER BAND w/ special guests The Coupe' De Villes and Boneshakers Blues Band

Friday, Aug. 3rd
- BLACKJACK BILLY w/ special guest Gunner and The Grizzly Boys

Saturday, Aug. 4th
- THE OUTLAWS w/ special guest Bishop Gunn

Friday, Aug. 24th
- Zac Brown Tribute Band

Saturday, Aug. 25th
- TRAVIS TRITT with special guests James Wesley and Savannah Harmon

For concert and camping information, visit theridgeny.com

A legacy rekindled, a history preserved at Farmer’s Creekside Tavern & Inn

By Genesee County Chamber of Commerce & Visitor Center

In July 2017, we welcomed a new business to Genesee County – but its building has history dating back to the 1820s. On Main Street in Le Roy sits the beautiful Farmer’s Creekside Tavern & Inn.

Walk in the front doors and you’ll find yourself in a cozy downstairs tavern and restaurant. Journey upstairs, and you’ll be blown away by the stunning gathering spaces and overnight accommodations. And no matter where you step, you’ll be able to see the view of the Oatka Creek bed – stunning in both the summer and winter months.

With so much beauty and finery, you’d never know that Farmer’s Creekside has a rich and tragic history. The building was constructed in the 1820s and was one of Main Street, Le Roy’s first locations. Over the years, the building served as a hat factory, a bank office, and several private residences. But in 2004, a fire nearly claimed the building for good, destroying almost all of the structure and interior.

Restoring this building and opening Creekside has truly been a labor of love for owner Bill Farmer. He acquired the building in 2007 and is welcoming visitors to enjoy the space – 10 years later.

Now that the wait is over, it’s time to make your reservation. Executive Chef Sean Wolf offers a tavern menu with sandwiches, salads and snacks, and a more upscale dinner menu featuring modern expressions of classic tavern fare. You’re bound to find something to make your mouth water. And with a well-stocked bar featuring 18 beers on tap and a selection of regional and global wines, there are plenty of drink options to complement your meal.

Once you’ve filled your belly, check out the view – or check into one of three brand new suites. Each one is decorated differently and features a modern yet timeless design that perfectly blends into the building’s brick walls, black Marcellus shale, and original wood beams.

On occasion, Farmer’s Creekside will host special events that are open to the public. They also offer space for private events and gatherings with advance reservation.

Support Genesee County’s newest offering! Farmer’s is open for lunch and dinner, Sunday through Thursday from 11 a.m. – 9 p.m. and Friday and Saturday from 11 a.m. – 10 p.m. The Bar is open for extended hours in the evenings, and overnights can be booked year-round.

Learn more about Farmer’s Creekside and their story at: http://www.farmerscreekside.com/. Or visit www.VisitGeneseeNY.com to learn more about Genesee County's unique attractions and local offerings.

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