Le Roy

   Brandon Dodd
   2010 photo

When Brandon C. Dodd, who thought he might get a term of probation on a burglary conviction, was sentenced to five years in prison by Judge Robert C. Noonan in September, 2010, Dodd mumbled something about pedophiles as he was leaving the courtroom.

Noonan called him back to the defense table and asked him to repeat his statement.

"I hope you continue to let all the pedophiles walk the street and save all of the probation for those people," Dodd said.

Noonan informed Dodd that his on-the-record statement would be something a parole board would likely consider someday in reviewing his status for release from prison.

Dodd was released on parole in August.

Today, he's also back in jail, accused of attacking a woman in an apartment on Lake Street in Le Roy.

Three days ago, police in Le Roy said a 29-year-old parolee had been stabbed and found him wounded on Lake Street.

They've now identified Dodd as the stabbing victim.

It's alleged that Dodd was in an apartment on Lake Street with an acquaintance when an argument ensued. Dodd allegedly grabbed both a metal pot and a vase and started swinging them at the woman. He then allegedly threw her on a bed and held her there. Somehow, the woman grabbed a knife and stabbed him.

The disturbance was heard by a neighbor, who called 9-1-1.

Upon arrival, police reportedly found Dodd hiding under a bed. He was taken into custody on a violation of probation charge and transported to a hospital for treatment of his stab wound and then turned over to the NYS Department of Parole.

Dodd allegedly removed an ankle bracelet he was required to wear and has been charged with criminal mischief, 4th, for damaging that state property. He was charged with petit larceny for allegedly disposing of the bracelet.

He's also charged with criminal possession of a weapon, 3rd, for using the pot and vase as weapons while being previously convicted of a crime, criminal mischief, 4th, for allegedly damaging the woman's mobile phone and unlawful imprisonment, 2nd.

He is being held in the Genesee County Jail without bail on the violation of probation charge. 

A 25-year-old Le Roy resident who admitted to cheating the system out of $10,437 in public assistance and food stamps was sentenced in County Court today to five years probation. 

Jessica Horton was also ordered to pay back the money obtained under false pretenses.

Horton was accused in August of filing documents with the Department of Social Services claiming that her two children were living with her when they were not.

She entered a guilty plea Oct. 29 to one count of offering a false instrument for filing in satisfaction of the counts she was originally arrested on, which included seven counts of offering a false Instrument for filing, 1st, and one count of grand larceny, 3rd.

As a term of the plea deal, Horton is permanently disqualified from receiving financial aid through the Temporary Assistance or SNAP programs.

To report suspected welfare fraud, call DSS's Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White was stopped by members of the Local Drug Task Force on Dec. 30 for allegedly driving on a suspended driver's license. White was allegedly found in possession of a quantity of marijuana and cocaine. White was also allegedly in violation of probation.

William Guadalupe Potter, 62, of North Pearl Street, Oakfield, is charged with harassment, 2nd. Potter allegedly pushed a woman into a wall causing her to fall over.

Brian Eric Dagger, 30, of Batavia Street, Holley, is charged with petit larceny. Dagger allegedly stole a bottle of Robitussin tablets from Kmart. He was jailed on $2,500 bail.

Seth Ryan Doster, 24, of Alleghany Road, Darien, is charged with petit larceny. Doster allegedly stole $102.20 in merchandise from Walmart. Also charged, Sarah Dianne Lazarus, 24, of Alleghany Road, Darien.

Kim Marie Spencer, 56, of Chick Road, Darien, is charged with DWI. Spencer was arrested by Deputy Michael Lute in connection into an investigation into an incident reported at 6:49 p.m. Thursday on Chick Road, Darien. The investigation is continuing and additional charges are pending.

Jeffrey Lynn Shultz, 21, of Walkers Corner Road, Byron, is charged with criminal contempt, 2nd. Shultz allegedly engaged in an unsupervised visit in violation of a court order.

Kenneth Fred McGiveron, 25, of Route 78, South Wales, is charged with no stop lights, open container, DWAI drugs and alcohol combined and DWAI drugs. McGiveron was stopped at 12:58 p.m. Saturday on Route 77, Pembroke, by Deputy Lonnie Nati.

Leonard Alfred Johnson, 23, of Hutchins Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd. Johnson was a passenger in a car stopped by Officer Chad Richards at 5:23 p.m. in the parking lot of Horizon Health Services, 31 Ellicott St., Batavia. Johnson allegedly fled on foot following the traffic stop, but returned on his own a short time later. Police allegedly found a bag containing a dozen smaller bags of cocaine, which Johnson indicated belonged to him. Johnson was jailed without bail.

Coretta M. Pitts, 47, of Williams Street, Batavia, is charged with second-degree harassment. Pitts allegedly scratched the face of another person during an argument reported at 4:50 a.m., Saturday. Pitts was jailed on $400 bail.

Jason A. Armstrong Sr., 43, of Main Road, East Pembroke, is charged with first-degree criminal sexual act and criminal obstruction of breathing or blood circulation. Armstrong allegedly choked and had unwanted sexual contact with another person during an alleged domestic incident reported at 10 p.m. Nov. 6 on South Main Street, Batavia. Armstrong was jailed without bail. Armstrong was also charged with strangulation, 2nd, and assault, 2nd, for an alleged incident reported at 6 a.m. Dec. 22 at a location on South Main Street, Batavia.

Robert W. Blankenberg, 31, of Union Street, Le Roy, was arrested on a warrant. Blankenberg was stopped for an alleged traffic violation and arrested on the warrant.

Robert D. Kendall, 55, of Jamaica Lane, Cheektowaga, is charged with leaving the scene of a property damage accident, moving from lane unsafely, driving a motor vehicle on sidewalk, driving through safety zone and unlawful possession of marijuana. Kendall was charged after an investigation into an accident reported at 12:03 p.m. Dec. 29 on Oak Street, Batavia. Kendall was located by police in the parking lot of a business on West Main Street following a tip from a witness.

Michael J. Henry, 48, of State Street, Batavia, is charged with disorderly conduct. Henry is accused of continuously using obscene language outside his home on State Street while police officers were there investigating a complaint.

Michael J. Antonucci, 33, of Alexander Road, Attica, is charged with criminal contempt, 2nd. Antonucci allegedly violated a complete stay away order by sending a text to the protected party.

Jason W. Wolf, 39, of West Main Street Road, Batavia, is charged with aggravated unlicensed operation, 2nd, and driving without interlock device. Wolf was stopped at 5:04 p.m. Dec. 29 on Brooklyn Avenue, Batavia, by Officer Mitchell Cowen.

Kenneth J. Wolter, 45, of Watson Street, Batavia, is charged with unreasonable noise. Wolter was allegedly playing music an unreasonable level at 10:37 p.m. Dec. 30 and he refused repeated requests to turn it down.

Robert Ernest Saari, 34, of Meiser Road, Corfu, was arrested on a warrant for alleged failure to appear. Saari allegedly failed to appear in City Court on a traffic violation. Saari posted cash bail and was released.

Melvin J. Swanson, 60, of Main Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to obey traffic control device and open container. Swanson was stopped at 1:58 a.m. Friday on South Main Street, Batavia, by Officer Mitchell Cowen.

A 29-year-old parolee in Le Roy was hospitalized early Saturday morning after being stabbed, according to Le Roy PD.

No arrest has been made in the case and it's currently under investigation.

The stabbing was reported at 1:19 a.m. on Lake Street in the Village.

Investigators are trying to determine the circumstances of the stabbing.

The parolee suffered a stab wound to his or her abdomen.

No further information is available at this time.

Photo from last night's fireworks show in Le Roy submitted by Dylan Brew.

Woodward Memorial Library clerks Samantha Bortle, left, and Trisha Riggi, center, are pictured at the circulation desk with Children and Teen Librarian Betsy Halvorsen.

If you have an overdue library book or DVD, then Woodward Memorial Library has a deal for you.

The Le Roy library will begin the new year with back-to-back fine forgiveness weeks.

During the first week — from Monday through this Saturday, Jan. 9 — patrons will not be fined for returning overdue Woodward Library materials.

The library cannot waive fines on books from other libraries, or outstanding fines on previously returned books.

But anyone with an existing fine on their account, should be patient — because the library will trade “Food for Fines” during the second week of January. The library will forgive $1 in previously existing fines for every nonperishable food item donated to the library from Jan. 11-16.

The library will trade up to $20 in fines per account.

Patrons are advised to bring donated food to the library circulation desk, rather than the outdoor drop-off box, to receive credit.

Of course, food donations are welcome even if no fines are owed. All the donated food will be given to the Le Roy Food Pantry.

This is the second year the library has offered a fine-forgiveness week.

Betsy Halvorsen, children and teen librarian, said she’s not sure exactly how many long-overdue library items have worked their way into private collections over the years.

“But it’s a lot,” Halvorsen said. “There are things that have been gone so long they’re assumed lost.”

When that happens, usually after three months, the replacement cost is charged to the patron’s account.

“It’s easy for stuff to get mixed into your own collection, especially DVDs,” said Samantha Bortle, library clerk. “Then there’s this mindset, ‘It would cost me as much to buy it, as it would to return it.’ ”

So beginning Monday, getting back in the library’s good graces will make good financial sense.

Woodward Memorial Library, 7 Wolcott St., is open from 9 a.m. to 8:30 p.m. Mondays, Tuesdays, Wednesdays and Thursdays; from 9 a.m. to 5 p.m. Fridays; and from 10 a.m. to 4 p.m. Saturdays. For information call (585) 768-8300.

Bill Cosby was the public face of Jell-O for many years.

And while his ties to Le Roy’s Jell-O Museum were never strong, they're almost nonexistent now.

Cosby visited the museum for about an hour in 2004, to help open an exhibit commemorating his 30 years as Jell-O’s spokesman. To mark the occasion, a pair of commemorative bricks were added to the “Jell-O Brick Road” that leads pedestrians from Main Street to the museum.

Last year, when sexual-assault allegations against the comedian were brought to wide public attention, the bricks were discreetly removed and placed in storage.

“We just thought it was inappropriate (to keep them there),” said Lynne Belluscio, the museum director. “We also worried a little about vandalism.”

At the time, Belluscio also worried the museum would get some unwelcome media attention.

That never happened.

And it didn’t happen on Wednesday, when a felony charge was filed against Cosby in Pennsylvania.

“We kind of braced ourselves, and we got nothing,” Belluscio said Thursday. 

“I was expecting a lot more,” she added. “In fact, I came in this morning to see if there was anything in the e-mail — and we got nothing.”

A collection of Jell-O TV commercials featuring Cosby used to be part of the museum exhibit, but isn’t anymore. Cosby’s photograph is included with advertising displays — along with other famous Jell-O spokesmen, including Jack Benny.

So when Belluscio is asked about Cosby, she points out that he’s not the reason for the museum.

“Our kind of pat answer is, we don’t have an affiliation with the Jell-O company and that we really focus on the history of Jell-O in Le Roy,” Belluscio said. 

That history begins in 1897— when Pearle Wait invented the gelatin dessert  — and ends with General Foods’ 1964 decision to close its Le Roy factory and move Jell-O production to Delaware.

The Jell-O Museum draws more than 10,000 visitors a year. That number reflects the enduring popularity of the dessert — not Cosby.

Even in 2004, Belluscio said, his role as pitchman was already “old hat.”

“Which to me, is indicative that the brand has moved beyond him — and had, for a long time,” she said. “In today’s advertising market, that’s the way it is.”

The Village of Le Roy has tapped the expertise of a veteran forester to facilitate the sale of timber.

John Eisenhard will help market timber on village-owned land along Oatka Creek adjacent to the Sewer Treatment Plant on Red Mill Road.

The Village Board voted Dec. 16 to hire his company, Eisenhard Forestry of South Street Road, for a 6-percent commission on the eventual sale.

The idea to sell timber originated at the treatment plant, where walnuts were falling into outdoor settling tanks. Superintendent Steven Carroll approached village officials about having the trees removed, and they contacted Eisenhard.

He spoke to the board for about a half hour about the village property and woodlot management.

The village owns several wooded acres along the creek bank, as well as a wooded island in the creek. Black walnut predominates, and there are about 81 walnut trees large enough to attract buyers, the board was told.

Eisenhard said culling mature trees should make the property more valuable in the long term. Underbrush is smothering the growth of new trees, he said.

“When you walk in the woodlot it’s pretty obvious you're not getting the typical regeneration (expected) in typical woods,” Eisenhard said. “You’re lacking a dramatic amount of seedlings and you’re lacking a dramatic amount of saplings.”

Eisenhard has helped more than 300 landowners market their timber in the past 13 years, according to information provided to the board. He stressed that he represents landowners, and neither works for nor represents any lumber company.

The Village Board will be asked to authorize bids when it meets next month.

Eisenhard said bidding information would be sent to at least six companies. He did not speculate how much the village could expect to receive, but said sale offers vary widely based on the available markets and sawmill volume needs.

Eisenhard advised the village act soon to sell at least the ash trees on its property. The state Department of Environmental Conservation has severely restricted the movement of ash lumber, in an effort to slow the spread of the emerald ash borer.

This invasive species that has killed millions of ash trees since it was first discovered in the United States in 2002. The insect — which has been confirmed in Caledonia and Darien — kills individual trees within two to four years of infestation.

Eisenhard said ash lumber will likely fetch a higher price during winter months, when it can be sold to buyers outside the area.

“I would recommend you sell every commercial stick ... on the property because they’re going to be dead in five years,” Eisenhard said.

The Le Roy community will ring in the new year with its annual fireworks display.

And there’s no need to wait until midnight.

The display is planned for 9 p.m. Thursday. The best viewing locations are along the Oatka creek bank near Main (Route 5) and Wolcott streets.

The New Year’s Eve forecast calls for a high of about 35, dipping toward freezing in the evening. Flurries or snow showers are possible.

Several stores and restaurants Downtown will offer specials between 5 and 9 p.m.

Also, the historic Le Roy House, 23 E. Main St., will open at 7 p.m. for warm cider and coffee, old-fashioned games and more. 

The annual event is sponsored by the Le Roy Business Council, whose First Night Raffle raised funds to pay for the fireworks display.

The drawing for six prize packages was Dec. 21. Winners were:

— Grand Prize (dinner and limo ride): Jen Hart

— Wine Time: Ann Walters

— Around the Home: Mary Gugino

— Dine All Day: Nicole Vink

— Health & Beauty: Francis McCall

— Tailgater Special: Mike Smith

Michele Martinez, right, is the new owner of Main Street Fitness in Le Roy. She bought the business from Fred Merica, left, who will continue to operate Le Roy Karate at 66 Main St. Martinez is joined by her fiance, Dan Saeva, whom she met at the gym.

Being a competitive weightlifter meant Michele Martinez was very serious about her workouts at Le Roy’s Main Street Fitness.

It also meant lots of advice for the gym’s proprietor.

“The truth is, Michele used to break my chops a lot,” Merica joked earlier this week. “ ‘You’ve gotta clean, you’ve gotta buy this, you’ve gotta buy that.’

“Finally I said, ‘Why don’t you just buy the place and do whatever you want with it!' ”

Which is pretty much what finally happened.

Martinez, who lives in Le Roy, took ownership this week. She’ll be leasing space from Merica, who owns 66 Main St. and will continue to own and operate Le Roy Karate.

Martinez is looking forward to meeting the public and sharing her plans for Main Street Fitness during an open house from 10 a.m. to 3 p.m. Sunday.

Main Street Fitness grew out of the karate studio Merica, 54, established in 2005. He gradually added weightlifting equipment to diversify the business. Now, the gym also features a cross-training room; a cardio room equipped with treadmills, stair machine and Arc Trainer (sort of a cross between a treadmill and an elliptical machine); and, in the basement, a circuit-training room.

In short, something for every age, skill level and interest.

“Everyone thinks it’s just weights, and it’s not,” Merica said. “I think that’s what separates this gym from most gyms in the area.”

It’s also a 24-hour operation, with keyless entry available to members. Merica said he preferred to focus on karate, and needed to find someone who could give the gym the attention it demands.

He said Martinez is the ideal buyer. 

They met in 2012, when Martinez enrolled her daughter Skyler, now 11, in one of Merica’s karate classes. At the time, Martinez was in training — at different gym — for the Ms. Buffalo Bodybuilding Championships.

“We started talking, and he ended up letting me work out up front to supplement my training,” Martinez said.

She went on to win second place in the women’s heavyweight division in 2012. The following year, she claimed first place.

“That’s one of the reasons I thought Michele would be a perfect fit,” Merica said. “It adds another component to the gym, because she’s competed; she’s got that experience.”

But Martinez was reluctant to take on the responsibility. She already works full-time as a training manager for Sutherland Global Services in Rochester; is a part-time sign-language interpreter; and is also raising a second daughter, 9-year-old Kori.

Her outlook changed with her engagement earlier this year to Dan Saeva, whom she met at the gym. He’ll oversee day-to-day operations at Main Street Fitness, while Martinez focuses on the business side.

Martinez and Saeva, also of Le Roy, are planning an April 26 wedding in Puerto Rico.

Meanwhile, Martinez doesn’t expect major changes at Main Street Fitness. She will rearrange existing equipment in a way that makes better sense for bodybuilders, add more powerlifting equipment, and do some remodeling. Her contacts in the fitness field may mean expanded services, including nutrition supplements, fitness beverages and benching competitions.

She’ll also have special offers, including discounted rates on group memberships.

“I’m excited,” Martinez said. “I’m overwhelmed; I’m anxious. I think this next month will be the real test for us.”

For his part, Merica said he’s grateful to longtime members for their support as he bows out of the gym business. But he’s also thankful to have less on his plate.

“I’ll be getting more sleep,” Merica said.

And Martinez?

“I’ll be getting less,” she said.

For more information about Main Street Fitness, visit www.fitness-karate.com.

An accident with minor injuries is reported on the westbound Thruway at mile marker 382.1. Le Roy fire and ambulance are responding. A car reportedly rear-ended a tractor-trailer, then rolled over several times.

UPDATE 4:01 a.m.: A 39-year-old victim in the car that rear-ended the semi is being transported to UMMC in stable condition.

Carols, candy and Christmas wish lists were the order of the day Wednesday, when Santa and Mrs. Claus visited Imagination Station Child Care and Preschool in Le Roy. Mrs. Claus read the holiday classic, "A Visit from St. Nicholas," and handed out candy canes as the children took turns on Santa's lap. The children also sang some of their favorite carols, including "Jingle Bells" and "Rudolph the Red-Nosed Reindeer."

State Police have arrested a 32-year-old Le Roy man after he allegedly drove the car of an acquaintance intentionally into a tree, causing heavy front-end damage and airbag deployment.

Nick Hawkins was jailed on $1,500 bail and charged with petit larceny and criminal mischief. 

According to State Police, Hawkins was involved in a dispute with the acquaintance and he drove the person's car north on the driveway into the back yard and straight into a tree. 

Hawkins declined medical treatment for minor cuts and was transported to the Batavia Barracks for processing. 

Le Roy PD assisted at the scene.

Employees of Orcon Industires paused to wish America's veterans a Merry Christmas during the company's annual holiday party Friday at Batavia Downs.

Workers at the Le Roy company recently decided to donate their year-end bonus to the Liberty Fund, a North Carolina-based organization that provides all-terrain wheelchairs to wounded veterans. Orcon management matched the donation, allowing for the purchase of two wheelchairs.

News of the donation reached Fox News commentator Bill O'Reilly — a major supporter of the Independence Fund — who thanked the Orcon team for their donation during an "O'Reilly Factor" broadcast last week.

(Submitted photo.)

The Yellow Goose convenience store, 1110 W. Main St., Le Roy, is reportedly charged with smoke.

It's a possible electrical fire.

A Le Roy fire chief is on scene. 

Le Roy fire is responding with mutual aid from Bergen.

The investment group Le Roy New York, LLC, is hoping its plans to renovate 24 Main St. will move forward next year.

A group of Le Roy investors is hoping their efforts to renovate 24 Main St. kicks into high gear in the new year.

The Le Roy Board of Education in January will consider offering tax breaks for projects like the one proposed for 24 Main St. Plans call for its conversion to a mix of commercial and residential uses.

The school district is the last of four taxing entities being asked to offer the tax incentive.

Meanwhile, a revitalization group that has been pushing for the creation of a downtown historic district, hopes to win state approval by March. When that happens, properties within the district would be eligible for preservation tax incentives.

The investment group, Le Roy New York, LLC, was created in 2013 in an unsuccessful effort to save the former Wiss Hotel from the wrecking ball. The group turned its attention to 24 Main St. — the former Java’s coffee shop — last year, and announced plans to convert the property to ground-floor retail with three apartments on the top two floors.

The LLC is hoping to raise $250,000, and so far has $180,500 toward that goal, said Bob Fussell, a village attorney and LLC member. He said tax incentives are essential for attracting new investors.

“We’re not going to start the project until we find out whether the schools approve (the exemption) and until we find out whether we get into the historic district,” Fussell said.

“Once those things are done, it’s going to make sense to invest,” he added. “But until then we’re not giving the investors the full advantage.”

The Residential-Commercial Urban Exemption Program (Section 485-a of the state Real Property Tax Law) allows municipalities, counties and school districts to offer a declining, 12-year partial property tax exemption for non-residential property converted to a mix of residential and commercial uses.

Projects must cost at least $10,000 to be eligible. Properties are 100-percent exempt from taxes on assessed value attributed to the conversion project for the first eight years. The exemption then gradually falls to 20 percent in the final year.

Counties and school districts are allowed to approve the exemption program once the municipalities have done so.

The Le Roy Village Board approved the program on July 22. The Town Board followed suit on Aug. 27, although councilmen included a provision limiting its application to buildings within the planned historic district.

The Genesee County Legislature adopted the program after a public hearing on Nov. 23. The Le Roy Board of Education has scheduled its own public hearing for 7 p.m. Jan. 12.

Fussell said the program encourages local investment, without cutting local tax revenue.

“It’s not like we’re not going to be paying taxes on the property,” Fussell said. “We’re just going to be paying the same taxes we are now.”

Although an investor could claim the tax exemption for conversion of any property in Le Roy, its focus is effectively on the village’s commercial district.

“The whole object is to revitalize Main Street,” he added. “The idea is to take buildings that are degrading and falling apart, and make them vibrant and successful.”

A minimum investment in the project is $1,500. For more information, visit www.24mainleroy.org.

Tax incentives offered via inclusion in a registered historic district, may take longer to materialize.

The Preservation League of New York State awarded a $4,000 grant to Le Roy in October 2014. The grant was to hire Preservation Studios of Buffalo to complete a State and National Register of Historic Places nomination for a historic district in Downtown Le Roy.

The grant was secured by the Main Street Revitalization Committee, under the auspices of the Le Roy Business Council.

Jennifer Keys, who chairs the committee, said state approval has taken longer than expected.

“Apparently there was a combination of things,” Keys said. “The project was a little bit bigger than (Preservation Studios) thought it would be. At the same time, they had pretty massive growth as an agency and they were understaffed.”

The state Office of Parks, Recreation and Historic Preservation rejected the first draft of the nomination submitted this past summer. Preservation Studios was able to dedicate staff to the project, and a second nomination was submitted in late October, Keys said.

The hope is that Le Roy’s application will come up for review sometime in March, Keys said.

“It’s definitely taking a lot longer than we thought it would, but it is moving forward,” Keys said.

The Le Roy Zoning Board of Appeals conducted a public hearing Thursday on Frost Ridge Campground. Pictured, is Board Member Thomas Spadaro and Chairperson Debbi Jackett. (Photos by Howard Owens.)

After months of legal wrangling, the argument over concerts at Frost Ridge Campground on Thursday returned to where it began.

With the Le Roy Zoning Board of Appeals, whose members listened to about 90 minutes of testimony and public comment on whether the concerts are an allowable, non-conforming use under town zoning law.

The board adjourned without voting. Debbi Jackett, chairperson, said the ZBA has 62 days in which to issue a decision.

About 60 people attended the hearing, which was held in Town Court. The hearing was conducted a day before a deadline set by a Supreme Court judge earlier this month.

The ZBA in 2013 ruled concerts allowable. Neighbors as well as the Town of Le Roy subsequently filed lawsuits aiming to reverse that decision.

On Thursday, the ZBA heard formal testimony from David Roach, attorney for Frost Ridge owners David and Greg Luetticke-Archbell; and from Mindy Zoghlin, an attorney representing families who are opposed to the concerts.

Roach maintained that the “campground and attendant recreational activities, including amplified music/concerts and limited food service” are all prior, non-conforming uses.

Citing case law, he said larger outdoor concerts may represent a change in degree, but do not alter the “essential character” of the facility and are still considered an allowable prior use.

Zoning law draws no distinction between concerts by small bands with lower amplification, and performances on a large stage using a professional sound system.

“What’s the difference? They both emit sound — that’s what we’re dealing with,” Roach said. “The primary difference is that one is louder than the other.

“What I suggest to you is that’s not a land-use issue, that is a noise ordinance (issue),” he added. “Anyone who has an issue with the decibel levels can seek relief through the noise ordinance, not through the land-use argument.”

Zoghlin urged the ZBA to reject the Frost Ridge application. Outdoor concerts of the type Frost Ridge has been hosting, are beyond what could be reasonably considered prior use.

“Even if music was played in the campground for skiers and campers in the past, Frost Ridge has illegally expanded that use,” she said.

“There’s a big difference between using an amplifier to play radio music, and hosting large commercial concerts on a specially constructed sound stage using professional audio equipment,” she said.

“Concerts with national acts, a professional stage and a sound system that attracts hundreds of people at a time were never held at this campground until 2010,” Zoghlin said. “Therefore they cannot be a prior non-conforming use as a matter of law.”

Reid Whiting, attorney for the Town of Le Roy, was offered the opportunity to give formal testimony but declined.

Thirteen residents also spoke, several of them in support of Frost Ridge.

Barbara Buchanan has lived on North Road near the campground since 1974.

“Frost Ridge has a history of providing music from different venues,” she said, including amplified music on the ski slopes.

“None of the music, over 40 years, has ever bothered us,” she said. “We consider the campground to be a very good neighbor — we don’t have a single complaint against them.”

Not so for Nancy Palmer, who has lived on Wilcox Road since 1997. She said summer concerts at Frost Ridge are too noisy.

“I find it very disturbing,” she said. “I can hear it through my house … I can hear the bass pounding through my walls and through my windows.”

Palmer said the concerts are loud enough to spook her horse.

“For those of us who are close, it is very loud and it is very disturbing,” she said.

Others speakers cited the positive impact Frost Ridge has on the community, such as fundraisers for the Le Roy Fire Department.

David Pullyblank, of Parmalee Road, said Frost Ridge campers support local businesses — including the farm market he owns on Lake Street Road (Route 19).

“Campers are people that want to come to our community and spend money,” he said. “I think it’s essential to have their business in our area.”

The Luetticke-Archbells have owned the Conlon Road campground since 2008, and have been hosting concerts in an outdoor amphitheatre since 2012. In 2013, the ZBA found the concerts permissible under zoning law.

Neighbors of the campsite and the Town of Le Roy both filed lawsuits challenging the ZBA’s ruling. Supreme Court Judge Robert Noonan invalidated the decision in April on technical grounds, and ordered the ZBA to conduct a new public hearing.

In November, the Town Board set a Dec. 10 public hearing on a local law to establish a new, town-only zoning board. Earlier this month Interim Supreme Court Judge Mark Grisanti ordered the town to cancel its hearing, and ordered the existing ZBA to conduct a hearing on Frost Ridge by Dec. 18.

Jackett set a number of ground rules at the beginning of Thursday’s hearing. Attorneys submitted written statements and evidence, but were given limited time to address the board directly. Residents who signed in, were allowed one minute to speak.

ZBA member Robert Scott, who ran unsuccessfully for town supervisor against incumbent Stephen Barbeau in November, recused himself from any involvement in the Frost Ridge application.

Jackett did not indicate when she expects the ZBA to issue a ruling. Comments on the matter will be accepted in writing by the Town Clerk until Dec. 27, she said.