Pop quiz: You're a code enforcement officer and your job is to measure a fence to see if it is less than six feet high and therefore conforms to the local building code. Do you measure from the side of the fence of the property owner who built the fence, or do you measure from the other side?

In Stafford, Code Enforcement Officer Lester Mullen measured from the non-owner side. That was his solution to a question that apparently has no correct answer under existing town law, but has unleashed a protracted legal battle that has consumed at least $10,000 of taxpayer money and caused James Pontillo to shell out nearly $10,000 in attorneys fees.

The two adjoining properties are different grades, accounting for a variance in fence height from one side to the other.

The issue of the fence has morphed into a soap opera of sorts and still has no resolution; though, it was hashed out at great length at a public hearing before the zoning board of appeals on Monday night.

Peter J. Sorgi, the attorney for Pontillo, explained it this way: His client decided to build a fence two years ago between his property, the ancient and former Odd Fellows Hall on Stafford's historic four corners at Main Road and Morganville Road, and the property to the west, where Tom Englerth erected a steel-roofed building that is currently leased by the Stafford Trading Post and a hair salon.

The feud between Pontillo and Englerth is well documented. It's genesis seems to be Pontillo's successful bid to buy the property at 6177 Main Road in 2010 for $40,700. His purchase of the building was applauded by members of the Stafford Historical Society and Pontillo promised to clean it up, restore it and return it to a useful commercial and residential property. There was concern at the time that Englerth wanted to move or raze the building and open a gas station at the location.

Over the years, there have been numerous police calls to the location as Pontillo and Englerth have scrapped over access to Englerth's property for high lifts for roof workers, snow removal, garbage dumping and property lines.

The fence issue wound up in court, and a Stafford judge ordered the fence removed. On appeal, Robert C. Noonan, in his capacity as Superior Court judge, upheld the ruling that the fence was out of compliance with local ordinance -- supporting Mullen's measurements -- but reversed the lower court's order that the fence be removed.

Pontillo was ordered to pay a $2,500 fine, but the fence still stands and Pontillo is seeking an area variance for an eight-foot-tall fence, though he unofficially contends the fence, measured on his side of the property line, is only six feet tall.

The meeting Monday night can only be described as contentious, with Pontillo already seeming to have scored some demerits with Crista Boldt, chairwoman of the ZBA, for blaming the town at last week's County Planning Board meeting for his application lacking surveys, plans and photos. Pontillo claimed to have provided those items to the town and was surprised the town hadn't passed along those exhibits.

"I don't want untrue things getting said when you go to other boards," Boldt said. "It reflects poorly on the town."

Sorgi explained Pontillo's remarks to the county as a misunderstanding. The Town of Stafford doesn't require those exhibits, but the county board wanted to review those details. Pontillo, he said, had at one time or another provided the town with all of those materials, but not part of this specific application, because the town didn't require those items be attached to the application.

Sorgi then provided a brief history lesson on the local planning process, which only began in New York about 100 years ago.

There are court cases that outline the role of a zoning board, he said, which is to act as a safety valve to help interpret zoning ordinances. It's role in considering a variance was to balance the benefits to the property owner against the health, safety and welfare of the local community.

He provided, from NYS code, the five criteria the board must consider and explained how all five criteria weigh in favor of his client.

The benefits Pontillo seeks, Sorgi said, is to hide what he described as an unsightly mess next door, from exposed dumpsters to an unkempt back lawn and junk strewn about (when we look at the property after the meeting, the lawn had been cut within the past two weeks and there were only a few loose items in the yard).

Town Attorney Kevin Earl said a six-foot fence accomplishes the same goal, but Sorgi said not if Pontillo does as planned and builds a back deck on the property, which will be used for dining and drinking.

The fence also prevents snow from being piled up against the old building and makes use of the westside fire escape safer.

The board must consider, Sorgi said, whether the change hurts the character of the neighborhood or is a detriment to nearby properties. He said the fence does no harm and with the 80-foot flower box Pontillo has installed, actually enhances the neighborhood.

The board must consider whether the applicant has a feasible alternative, and Sorgi said there is none.

The request for a variance must be substantial, according to state law, and since a court has ruled the fence is too high, the variance is necessary to achieve Pontillo's desired benefits.

The board must consider whether the variance, if granted, will adversely impact the physical or environmental conditions of the neighborhood.

The answer, Sorgi, said is no.

Finally, the board must consider whether the need for the variance is the result of an issue self-created by the applicant. It wasn't, Sorgi said, because the town doesn't require any sort of permit for a six-foot-high fence and since his client thought, by his own measurements, he was building a six-foot-high fence, there was no official method to confirm with the town that the fence was within the required height. The town didn't object to the fence, Sorgi said, until it was nearly completed.

The only speakers at the public hearing, five altogether and all local residents, each supported Pontillo's variance request.

During the course of the presentation, there were tense moments.

Sorgi took issue with Mullen declining to speak on the record, in front of the press and public, about his position on the variance request. Mullen specifically cited the presence of news media as his reason for not speaking.

When Sorgi left out "physical" to go with "environmental" on the criteria for the board to consider, Boldt called him on it.

Sorgi raised the issue of a fence on the other side of Englerth's property, built by Englerth, that exceeds the six-foot height limit, but Englerth is apparently not facing the same level of scrutiny over that fence, Sorgi said, as his client.

Pontillo accused Englerth of trying to fudge the property line before his fence was built by moving a surveyor's stake at the back of the property by as much as six feet. That dispute led to an accusation of trespassing by Englerth and one of the multiple visits by troopers to mitigate tensions over the past couple of years.

Sorgi tossed a couple of barbs Attorney Earl's way, expressing disdain that Earl threatened to have Pontillo arrested if he didn't take the fence down. Earl argued that isn't exactly what he said, that he merely mentioned that a consequence of failure to abide by zoning law could result in a jail sentence, which he has sought before in other jurisdictions, where he has also served as a municipal attorney, for similar violations. It's not an abnormal response to zoning violations by municipal attorneys.

Sorgi also peppered Earl, whom he accused of chasing billable hours, with questions about why he was even at the meeting: Was he there as a private citizen or as the town's attorney? Earl said Town Supervisor Robert Clement asked him to be there, and Sorgi said that Clement, under state law, didn't have the authority to ask Earl to represent the town board at the meeting, that it took a vote of the board for such an action.

As a result of the meeting, both attorneys are now on record on two key points:

• Earl said "nobody is trying to get the fence taken down." The town officially has no position on how the ZBA should vote on the variance request.
• Sorgi said his client is willing to stipulate for the sake of the variance application that the fence is eight feet tall.

In the midst of this rancor, Sorgi reminded the ZBA that its job was to weigh the evidence without consideration for personalities or past history.

"This isn't about James Pontillo or whether you like him or whether you like this neighbor more than that neighbor," Sorgi said. "This is about whether the request benefits the applicant without doing harm to the health, safety and welfare of the community. That's it. Whether you like somebody isn't the question. It's a simple test."

The ZBA is scheduled to vote on the application for a variance at its September meeting.

Previously:

• Reward offered for illegal dumping of garbage bags in Stafford
• Fences, and more, divide business neighbors in Stafford
• Owner of one of Stafford's historic buildings says neighbor preventing restoration work
• Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says

Attorney Peter Sorgi

A motor-vehicle accident with possible minor injuries is reported in the Village of Oakfield at North Main Street and Cary Avenue. An elderly male is said to be shaken up by the incident. Oakfield fire and Mercy medics are responding.

Press release:

New event in Corfu: the debut of Yard Sale Daze and Vendor Fair!

Planned in the Village of Corfu Saturday and Sunday, Aug. 22 and 23 from 8 a.m. to 4 p.m.

The flier says they are "calling all musicians, animals, yard sales, crafters, clowns, artists, retailers, fundraisers, service providers, cooks, car washes and bakers" to participant.

The community event is free to join. Set-up for nonresidents or outside the village is in the parking lots, such as the American Market parking lot (the old IGA). You are welcome -- "Just find a spot."

"The Village Board and I are hosting the event," said organizer "Debbie," "to draw people into the community."

Check out Facebook or call (716) 262-7869 for more information.

This female chihuahua was found this morning at the corner of Summit Street and North Street in the City of Batavia. She is extremely friendly, has a pink Aztec-design collar, but no dog tags. She is currently at the old Robert Morris School in the Building and Grounds Office, phone number (585) 343-3480, ext. 1013; or you can contact Jim Jacobs at (716)474-0491.

There's a fine line between arrogance and cockiness. Confidence can breed complacency. Desire can succumb to expectations that lead to a catacomb of missed opportunities. A season can unravel in the difference between resolve, determination and grit versus just showing up and settling for an "I tried" shrug and a "pass the Gatorade." 

It's that difference Batavia Blue Devils Head Coach Brennan Briggs must negotiate as he heads into the 2015 season leading a team that a year ago, by all accounts, shouldn't have won a sectional title but did, and now is stocked with talented, seasoned seniors who are talking about a repeat on the first day of practice.

"That's going to be biggest battle I'm going to be fighting this season is telling these guys the 2015 football team hasn't won a single game yet together," Briggs said. "Last year, yes, we won a championship, but we were fortunate. We had 24 kids. We stayed healthy. We had zero injuries. We caught quite a few breaks and we made some big plays when we needed to. Nothing is guaranteed. It's very, very difficult to win a back-to-back championship, so honestly I don't like that they're talking about championships or anything like that."

The Blue Devils start pre-season camp with 31 players, and 18 of them are seniors. Some of them are stars if not solid contributors. Greg Mruczek is back at QB. He'll be joined offensively by Trevor Sherwood, Malachi Chenault, Adonis Davis, Anthony Gallo, Dominick Mogavero and Noah Dobbertin.

The depth and versatility is noticeable to the players and they can't help but talk of a repeat.

"We're ready to step back up," Mogavero said. "I feel like the whole team is ready to step up its game."

Gallo agrees.

"We're definitely after another championship," Gallo said. "I feel like we're all ready for it. I feel like that's everybody's goal. We want to win and we just want to get back where we were last year."

Briggs wants to see his players focus on getting better every day. Every day, they play against a faceless opponent on their own internal clock and only they know the score, but the outcome of those matches will determine what happens on Friday nights.

While Briggs wants to tap down the championship talk, he also gets that he's dealing with a group of confident kids, and it was confidence that carried this team from a tough opening loss in 2014 against Livonia through big wins to close out the season and bring Batavia its first sectional title in football since 1991.

Briggs calls it "swag," a characteristic the coach talked about as the wins began to pile up last season.

"I do appreciate that they do have a little bit of swag to them, I guess you could call it that, and it is good, because as we found out last year, we were in some tight games toward the end and that kind of pushed us though," Briggs said. "They had confidence that they could get the job done. I think with all of their off-season work and the commitment they've put into the program, and the buy-in, that does help with every single game, day-in-and-day-out, to know that we have what it takes to win a championship, but saying it and feeling it is a little bit different than going out and doing it."

At the end of Monday's workout, Briggs had a straightforward message for his team: "You have a target on your backs."

If the 2014 team was one that came into the season just hunting for a few extra wins, it's now the team to beat for every local gridiron warrior in helmets and pads.

"Nobody is going to give you anything - nobody," Briggs said. "Nobody is going to say, 'Ah, we're playing Batavia, we're going to back down.' Everybody who plays us is going to want to beat us because it might make their season. That might be it. On their calendars, there might be a star, 'We've got a shot to prove something. We've got a shot to beat Batavia. They think they're on top right now. We're going to go out and show everybody else that we're better than them.' "

But the players do think they're better, maybe not yet better than University Prep, better than Wilson, better than Penn Yan and better than Geneva, but they believe they're better than last year, and that's the team that marched through that championship season with a lot of swag.

"Really, I expect to win another championship," Wilson said. 

His job, as he sees it, is to help keep his teammates focused on that goal and fired up for every minute of every practice, because that's what wins games.

"The seniors want to make it happen again, so there's a lot of pressure to do it again," Davis said.

There's peer pressure, then there are community expectations, something Mruczek acknowledges. 

"This community has a lot of expectations," Mruczek said. "With me being the senior quarter people think I need to step up as a leader and I've been trying to do that more; lead this team in the right direction to win another championship. My goal is to put in another solid season, do my 1/11th on the offensive side of the ball and lead this team to another championship."

Briggs thinks Mruczek is ready for the challenge. He isn't a player, the coach said, who worries about his own stats. He gets ready for each game, each play, and knows what his role his.

"He knows how to keep a level head on his shoulders," Briggs said. "I've never questioned his competitive edge or how hard he works, so I'm not too worried about anything like that. He knows what his job is -- go out there and manage the game and be a leader, and hopefully make some big plays when he needs to."

If all eyes are on him as the senior QB, Mruczek is fine with that role, he said.

"I like the pressure," Mruczek said. "I'm confident in this team. We've got a lot of guys with a lot of confidence. I don't really feel any pressure right now. I'm out here having fun my senior year."

A hazardous weather outlook for portions of Western New York, including Genesee County, has been issued by the National Weather Service in Buffalo.

An "upper-level disturbance" is moving across the region today and will generate some showers and thunderstorms, some of which will include slow-moving downpours.

Since there will be the risk for multiple slow-moving downpours over the same area ("training storms"), there will be an increased risk for localized flash flooding.

By Thursday, a slow-moving cold front will cross Western New York and numerous showers and thunderstorms will occur along and ahead of this cold front, which will likely produce significant rain.

A motor-vehilce accident with unknown injuries is reported at 427 E. Main St. in Batavia. City firefighters and Mercy medics are responding.

Visit Batavia's List and post your ad today!

Also: Sign up for our new daily e-mail newsletter. Get the day's headlines plus the latest marketplace posts delivered to your inbox every day at 5 p.m.

And: Like Batavia's List on Facebook.

A man who stole $6,000 from the bedroom of an acquaintance admitted in County Court today to one count of fourth-degree grand larceny and faces a possible term of one to three years in state prison.

Benjamin J. Bullard, 28, of Maple Street, is out of jail under supervision of Genesee Justice until his sentencing Oct. 13.

Bullard has a prior conviction for grand larceny in City Court; he entered that plea in October.

He was arrested earlier this month on the grand larceny charge, accused of stealing the $6,000 from a residence on Swan Street while the occupant was on vacation.

A Stafford resident accused of dealing drugs in a parking lot off Main Street, Batavia, in March, admitted in County Court today to one count of criminal possession of a controlled substance, 5th.

The plea deal means a possible prison term for Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, of two to five years.

Wind was observed by members of the Local Drug Task Force participating in a drug deal and was arrested following a traffic stop. 

Investigators found Wind in possession of heroin.

Sentencing is scheduled for 9:30 a.m., Oct. 14, in County Court. He is being held on $50,000 bail.

A 23-year-old Batavia resident will spend three-and-a-half years in prison as the result of his guilty plea last month to one count of criminal possession of a narcotic drug with intent to sell.

Dillion M. Brito, with an address on Highland Park at the time of his arrest in June, was sentenced in Genesee County Court today by Judge Robert C. Noonan.

Brito was arrested in the parking lot of Kibbe Park after being found with a quantity of crack cocaine.

Upon his release from state prison, Brito will be on two years post-release supervision.

Press release from City fire Lt. Martin Hinz:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Aug. 18, from approximately 9 a.m. to 3 p.m. in the general area of West Main Street, Oak Street and Richmond Avenue. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Victor M. Delatorre, 23, of Rochester, is charged with operating a motor vehicle while his license is suspected. Officers Peter Scanio and Gene Nati, Corfu PD, stopped Delatorre when he passed through the Village of Corfu after leaving the Zac Brown Band concert Sunday night after an automated license plate reader in a patrol vehicle alerted the officers to a vehicle with a suspended registration. A computer check indicated Delatorre had 37 prior suspensions on 18 dates. Delatorre was jailed on $5,000 bail or $10,000 bond.

Lisa M. Aratari, 43, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving outside of restriction and reckless endangerment, 2nd. Aratari allegedly drove a vehicle away from a location in the Town of Pembroke while a person was standing in the doorway of the vehicle. Aratari's vehicle was stopped on Lewiston Road, Alabama, by Deputy James Diehl. She was jailed on $25,000 bail.

Steven Dustin Downey, 27, of Route 98, Interlaken, is charged with criminal possession of a controlled substance, 7th, and disorderly conduct. Downey was arrested following a complaint of inappropriate conduct at 10 p.m. Friday at Darien Lake Theme Park. Further investigation revealed he was allegedly in possession of morphine.

Scott Leonard Blair, 31, of Stage Road, Clarence, is charged with driving while ability impaired by alcohol and failure to keep right. Blair was stopped at 3:16 a.m. Saturday on Genesee Street, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Alleghany Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operator and unauthorized use of a motor vehicle. The youth was stopped by deputies Patrick Reeves and Jason Saile just after midnight Sunday on Alexander Road, Alexander, following a report of stolen vehicle from a location on Alexander Road, Alexander. The youth was jailed on $5,000 bail or $10,000 bond.

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Sunday.

Lindsay J. Snodgrass, 19, of Park View Drive, Pittsford, is charged with criminal possession of a forged Instrument, 2nd, and false personation after allegedly providing a false date of birth and being in possession of two fraudulent Maryland driver’s licenses. Snodgrass was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Maxwell A. Pigeon, 19, of Hoerner Avenue, Cheektowaga, is charged with criminal possession of a forged instrument, 2nd, obstructing governmental administration, 2nd, grand larceny, 4th, resisting arrest, tampering with evidence  and harassment, 2nd, after allegedly grabbing his fraudulent Pennsylvania driver’s license from a deputy, pushing the deputy and running away. Pigeon was arraigned in Darien Court and jailed in lieu of $2,000 bail.

Griffin J. Ryan, 19, of Shamrock Court, Hamburg, is charged with criminal trespas, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Allison R. Sherman, 39, of Brace Road, Victor, is charged with felony aggravated DWI, child less than 16 in vehicle, aggravated DWI, DWI, endangering the welfare of a child and reckless endangerment, 2nd, after allegedly striking a Darien Lake Security Officer in the leg pinning him between two cars. The investigation revealed Sherman was allegedly intoxicated and had her 13 year old son in the vehicle.

Jason M. Mittelstaedt, 42 of Tracy Street, Mittistaedt, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Michael W. Perlo, 17, of Princeton Avenue, Rochester, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Marc A. Weyl, 20, of Thornwood Circle, Pittsford, is charged with trespass after allegedly reentered the concert venue after being ejected and told not to return.

Alexandra R. Nenni, 24, of Mondaui Circle, Spencerport, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Nicolette L. Zinone, 23, of Emjay Lane, Rochester, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Callers to dispatch report a male is wielding a shovel and striking objects, such as yield signs, with it at the intersection of Route 19 and Rochester Street, Bergen. The man is also allegedly throwing traffic cones around. Sheriff's deputies are responding.

A car vs. pedestrian accident is reported at Darien Lake Theme Park, 9993 Alleghany Road. Unknown injuries. Darien fire and ambulance are responding and told to go to "P" exit.

A car struck a gas pump at the Citgo Station at 16 Clinton St., Batavia. No injuries. The vehicle is leaking fluids, but it's not yet known if the gas pump is leaking. Town of Batavia Fire Department is responding.

To purchase prints, click here.

A two-vehicle accident with unknown injuries is reported on the westbound Thruway at mile marker 398.9. East Pembroke and Mercy medics are responding. The caller reports a car struck a semi-truck then went off the road.

UPDATE 1:36 p.m.: Responders were unable to locate a vehicle or driver involved in an accident. The assignment is back in service.

Joey Belladonna, lead singer of the metal band Anthrax and native of Oswego, brought his cover band Chief Big Way to Center Street Smoke House on Friday night. The room was packed with fans as the trio, with Belladonna on drums, powered through big rock hit after hit. Tom Mazurkiewicz, who became friends with Belladonna after meeting him at Darien Lake, helped arrange the appearance.