Oak Street

A woman involved in a two-car accident on Oak Street, Batavia, this morning has died as a result of her injuries.

Jacquelyn B. Dawson, 65, of 5175 Sunset Terrace, died at Strong Memorial Hospital after being transported there by Mercy Flight.

Dawson's car was hit at 9:18 a.m. by a pickup truck at the intersection of Oak and Union streets.

The driver of the truck, Kelly Creegan, of 48 South Main St., Elba, was also transported to a hospital.

The accident remains under investigation by Batavia Police. So far, there have been no charges or citations issued.

Law enforcement is responding to Route 98 near the Thruway to investigate a call of a tour bus without any plates and with a driver who is reportedly yelling obscenities out the window at people.

The bus was on Main Street and turned north onto Route 98.

UPDATE 6:18 p.m.: No report of the bus being located. One trooper drove as far north as Route 262.

Sallome's Italian Deil announced today that it is closing -- for good.

Saturday was its last day of business.

Owners Stephen and Penny Sallome said efforts to sell the deli over the past year were unsuccessful and the amount of work to run a food-service business was taking over their entire lives.

Sallome's will reimburse any gift certificates purchased prior to the closing.

A full statement following the jump:

Saturday, July 31st, 2010 Sallome’s Italian Deli has closed its doors permanently. We know that we are leaving many of our loyal customers extremely disappointed. However, this decision is what we feel is best for us and our family and we are truly sorry. It has been a very, very tough decision and we can only hope that most people will understand.

We began the process of purchasing the old “Betty’s Bridal Shop” in late 2007 after our youngest son graduated from high school and decided that it was the perfect time for us to fulfill my husband’s lifelong dream of having his own restaurant.

We fulfilled that dream when we opened in September 2008. When we reopened in August 2009 it was because it was advised to us that it would be easier to sell if it was open, so that’s what we did. Hoping that we would be able to sell it, or fall in love with it and not want to give it up. It’s been on the market for almost a year with only a few lookers.

The deli has brought us whole new respect for the “Mom and Pop” food-service establishments and the people who have chosen to do this their whole lives. It is extremely hard work, more than most people realize. With everything else that we have going on we just physically can’t keep up this pace. It is just too much.

We don’t wish to work our lives away. It has been a great journey and we have been fortunate enough to meet and employ some really great people. The business has grown tremendously and walking away is very difficult, however, we know that for us, it is the best thing to do.

We would like to make sure that for those who have gift certificates, including those purchased through The Batavian, that they get a refund. Simply mail the gift certificate along with name, address and phone number to the deli at 40 Oak St., Batavia, and we will send their refund directly to them.

If there is anyone who may be interested in either leasing or buying the deli property, we would love to talk to them. It’s a growing business, in a great location, with some really terrific food with a great deal of potential for the right person. Anyone interested in a fantastic business opportunity can reach Steve @ 585-356-3608.

In the other bird matter on the Batavia City Court docket this morning, Oak Street resident Ron Graziaplena appeared before Judge Robert Balbick to answer to charges that his duck pond is in violation of a variance permit.

Graziaplena is also accused of various other code violations.

After entering a not guilty plea, Graziaplena was informed that he was entitled to an attorney to represent him in the matter.

Graziaplena asked for a continuance of his case to Aug. 20 so that he get an attorney.

"I don't know who I'm going to get," Graziaplena.

He said he couldn't afford an attorney, but Balbick said that because these alleged violations are not under penal law, Balbick couldn't offer a court-appointed attorney.

Previously: Dispute over ducks, other complaints, has Oak Street man headed to court.

WIVB sent a reporter to 172 Oak Street yesterday to talk with Ron Graziaplena and his neighbors about his ducks and all the stuff in his front yard.

There's more than a property line that separate Ron Graziaplena and Cheryl Collins. There's 30 years of neighbor disputes, and now that Collins wants to sell her property and move away, she's even more concerned about what Graziaplena does outside his house.

Graziaplena, a former truck driver, builds things in his front yard, has a row of tomato boxes along his driveway, a boat parked on the grass of the north side of his house, and he's keeping 18 mallard ducks in his back yard.

"My home is assessed at $80,000," Collins said. "The last real estate agent I had over said I probably couldn't get $50,000 for it."

The dispute will land Graziaplena in City Court on July 23. He is accused by city inspectors of keeping his yard full of debris, trash and junk, and of keeping the ducks in unsanitary conditions.

On April 26, 2001, Graziaplena was granted a variance to keep 10 water fowl on his property. He is allegedly in violation of the variance. The city says he has 19 ducks. Graziaplena says he has 18.

The variance, reportedly, also doesn't allow mallards.

Graziaplena said he's kept dozens of different varieties of ducks over the years, and that he wasn't aware the variance allowed only certain breeds of ducks, and besides, what's the difference?

"They’re pets," Graziaplena said. "People have dogs and cats. I have ducks. I ‘ve always been fond of ducks and geese -- waterfowl."

He said he got his first duck when he was 2 years old (his parents moved into 172 Oak St. when he was a year old), and he's pretty much kept ducks ever since -- for 59 years, most of the time living in the same house.

He moved back into his parent's house about 25 years ago, he said, and it's been for close to that long, by his version, that Collins has been complaining about "anything and everything" around his home.

"It's been no picnic living next door to that man," Collins said.

The real trouble started, Graziaplena said, when he let go a young woman that was working for him, helping him with his projects and the care of his ducks.

The woman had become friends with Collins, and Graziaplena accuses Collins of retaliation for letting her go.

"There’s a lot of work around here that needs to be done by a guy, and I’m disabled, so I needed to hire a guy," Graziaplena said.

Collins said the girl wasn't fired, she quit. She couldn't stand, according to Collins, the unsanitary conditions the ducks lived in.

Graziaplena disputes that the ducks are kept in an unhealthy environment. Their water pond is cleaned regularly and they get fresh water daily, he said. It's heated in the winter, they have shelter and plenty of food.

As for the limit on ducks, Graziaplena notes that ducks breed. They lay eggs and produce ducklings. When the young ducks have enough feathers to fly, Graziaplena said, he releases them at a swamp owned by a cousin. He only keeps the 10 adult ducks, otherwise.

The young ducks are usually released in the last week of July.

As for Collins, she said she's about done with the situation.

"I’m ready to walk away from it all," Collins said.

Work crews were planting plants in the middle of the Oak Street Roundabout today, which reminded me of a few conversations I've had around town recently -- what to put in the middle of the roundabout? Mere plants won't do.

There should be something important and meaningful there.

And in thinking about it -- it's Batavia, it's Oak Street -- what would be more meaningful and appropriate than a statue of John Gardner, and perhaps the word "LOVE"?

So there's a suggestion: Let's get a committee together, raise some money and make it a little shrine to Batavia's most famous literary figure.

A one-vehicle accident has been reported in the roundabout on Oak Street.

The car apparently hit several traffic cones.

The initial call indicated there may have been an injury and City Fire and Mercy EMS were dispatched. A police officer who was first on scene reported no injuries and fire and EMS were canceled.

UPDATE: Police on scene have requested the nearest available tow. The car is stuck on the median, its front axle is damaged and the rear tire is going flat. The car is a Saturn.

There are apparently no injuries in an accident at 196 Oak St., just in front of Bob Evans Restaurant.

Batavia Fire Department and Mercy EMS have responded.

No word on if traffic is blocked.

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A semi-truck was temporarily stuck on Oak Street roundabout this evening.

The cause may have been a broken air line to the brakes, according to Batavia Police Officer Chris Camp. 

The line may have broke because of the current height difference between the brick inner turning circle and the outer asphalt area.

The truck was stuck on the circle for only a short time. It was no longer on scene by the time I arrived and I live close by (hence, no picture).

For those who don't know, as Camp explained to me, air brakes on trucks work differently than car brakes. On trucks, the brake pads are separated from the wheel and held apart by air pressure. In this case, when the air line broke, the brake pads contracted, causing the tire to stop spinning.

I happened to catch this truck going through the roundabout this morning, and the driver seemed to make it through just fine. He went, though, only half way onto the brick area.

As you can see, he's tilted a bit, so one of my questions is -- doesn't the DOT plan to level the asphalt with the bricks? My assumption was yes, but the sides of the curbs are bevele -- as if they're meant to be driven on -- leaving the asphalt inches below the bricks.

It was clear from the tire marks on the bricks that many drivers have discovered that it's OK to drive on the red roadway.

Three people were reportedly injured in a three-car accident at Oak Street and Richmond Avenue.

Traffic is blocked at this time and two cars will need to be towed.

Emergency crews are on scene now.

Word is this morning, driver frustration is high on Oak Street, as portions of the road have been reduced to a single lane near Main Street.  Traffic is backing up southbound with occasional long lines both east and west on Main (but, then, long lines at Main and Oak aren't unusual).  A DOT supervisor at the site said "if the weather cooperates" the work will be done, from Oak to the Thurway, will be done in three days.

Meanwhile, if you're coming from into town from north of the Thruway, consider entering Batavia on State Street.

Batavia residents will continue to pay for trash collection through their property taxes... at least, for now, according to WBTA's Dan Fischer. City Council took up the issue last night, debating whether it might not make more sense to switch to a non-exempt fee system. Fischer cites an example brought up by Councilman Sam Barone last night who said that the Genesee ARC costs the city $900,000 per year in trash collection, yet the group is exempt because of its non-profit status. Council will take up the issue again in April.

Eight property owners from Oak Street told the City Council last night that they oppose the state's proposal to reduce that street from four to three lanes, one heading north, one south, and one that would be used for turning only. A public informational meeting will be held on the proposal on December 18.

Last month, the state Department of Transportation came to the Batavia City Council with a proposal to transform Oak Street from four lanes to three and use the center lane for turns only, according to the Daily News. At least one Oak Street resident, Carol Grasso, plans to oppose that proposal because it would mean that vehicles would no longer be able to park on the street. (Parking is currently allowed, save between the hours of 7:00 to 9:00am and 4:00 to 6:00pm.) Grasso will voice her disapproval of the project at this evening's Council meeting.

In other news, this year's Toys for Tots campaign has kicked off for the season. Wal-Mart in Batavia will host a collection this Saturday and Sunday. Other barrels will be out for collection at the Genesee County Career Center, the Batavia City Fire Department, HSBC Bank and Hospital Heart Rehab Center. Call Ed Weiss at (585) 343-8279 if you would like to donate or to find out how your business can host a collection barrel.

Crossroads House will remain closed temporarily for construction and to allow the home to potentially locate a new full-time director and better organize its internal management. Crossroads, a "comfort home for the terminally ill," is funded almost exclusively by public donations. The group hopes to be back open soon.

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