Business

It ain't nothin' but a party, Frank Stanton told the Genesee County Planning Board on Thursday evening in his second attempt to win approval for a special-use permit to host mudding events on his seven-acre property in Bethany.

"This is not a business," Stanton said. "It's a party. It's just a bunch of people getting together and having fun. That's all it is."

Planners recommended disapproval of his permit and didn't offer much encouragement for him to try again.

After a meeting two weeks ago, where planners were much more receptive to his proposal but told Stanton he needed a more formal plan before they could approve it, a pair of nearby Bethany residents wrote the planning board and raised objections to these mudding events.

Robert Reyes and Elaine Shell contend Stanton operates his mudding events as a business.

There's a Facebook page with 700 likes. The events are listed on at least two mudding event Web sites. They suggest it's not just friends showing up to run their trucks in the mud.

"Whether it's a trick of acoustics, with him being in a 'dip', we don't know, but the noise level at and in our home is awful," the couple wrote. "Most of the trucks running are modified with high revving engines, have no mufflers, and are extremely loud."

While Stanton tried to assure planners that there are never more than a couple hundred people at a time on his property at 9832 Bethany Center Road, Reyes and Shell argued that as many as 400 people might be on the property at one time and are concerned that Stanton wants the events to grow even bigger.

Stanton said they can't get any bigger because he'll never be able to buy adjoining property since it's currently owned by a large and successful dairy operation. He said he doesn't make any money off the events. There are no prizes, no awards, nothing that would make these commercial events.

"This will probably fizzle out in five or six years as my kids get bigger and things change," Stanton said.

The vote recommending disapproval was 6-0.

Developers want to bring both a Tim Horton's and a Dunkin' Donuts to Le Roy, and at locations that are so close to each other even E.J. Manuel could accurately toss a football from one drive-thru to the other and hit his intended target.

But that isn't what bothered Genesee County Planning Board members about the proposed Tim Horton's location.

They were concerned about traffic congestion caused by the restaurant drive-thru being so close to gas pumps already on the Mother Goose store property.

While Dunkin' Donuts -- which was only making a sign modification to its previously approved site plan -- got an easy, unanimous approval, the developer of the proposed Tim Horton's walked out of the meeting with no recommendation from the board.

That's better than a recommended disapproval, which raises the bar for the Town of Le Roy Planning Board approval. A no recommendation means the Tim Horton's plan can be approved by the town on a simple majority vote, instead of a majority-plus-one vote.

JFJ Holdings, of North Andover, Ma., is planning to build a Dunkin' Donuts at 125 W. Main St., which is across the street from the Yellow Goose Market and Gas Station.

The market is owned by Dave Tufts, who wants to add a Tim Horton's drive-thru to the west end of his building. Cars would enter from the north and exit to the south.

And at the south end of his property are gas pumps, and that is what concerns planners.

One or two cars queued up for gas could potentially block the drive-thru exit, plus there would be pedestrian traffic going in and out of the store.

Tufts and Dan Blamowski, with Tim Horton's, tried to assure planners that there would be no traffic congestion, but the argument wasn't persuasive enough.

On a night when the planning board was short a couple of members, the 4-2 vote for approval of the plan was one vote shy of the necessary five for approval.

Lamb Farms agreed to pay a $15,000 fine to the Department of Environmental Conservation for liquid manure that seeped into six residential water wells in the Lewiston/Oakfield Batavia Townline roads area of Oakfield in March, according to documents released by the DEC.

The 4,000-cow dairy farm was also given a suspended fine of $44,000 that it can avoid by complying with DEC instructions in what's known as a "consent order."

Word of the contaminated wells spread after the county mistakenly sent -- and quickly retracted -- a boil water alert to all county residents around March 18. The alert was only meant for a small population area around Lewiston Road and Oakfield Batavia Townline Road.

In all, six wells eventually tested positive for E. coli.

The DEC investigated and determined, according to the documents, that Lamb Farms was responsible for manure runoff from Field 367 on March 7 into a tributary of Upper Oak Orchard Creek, and that the manure spread on Field 386 on March 6 and 7 likely contributed to the wells' contamination.

As part of the consent order, Lamb Farms agreed to a number of technical stipulations: developing a new nutrient management plan; creating a plan for dealing with the different soil types of its field; how it handles winter and spring manure spreading; properly designating springs that might be affected by runoff; and providing more details in records for manure spreading.

Attempts to reach Lamb Farms co-owner Jim Veazy, who handled the matter with the DEC, according to the documents, were unsuccessful. It's harvest time and he's been busy in the fields.

Press release:

The Genesee Gateway Local Development Corp. (GGLDC) has appointed Sarah Noble-Moag to the organization’s board of directors.

“Sarah Noble-Moag was selected to serve on the GGLDC board because of her extensive management experience with various dairy companies right here in Genesee County,” said Thomas Felton, GGLDC board chairman. “Her skills and background knowledge of the local agricultural industry will be a tremendous asset to the board.”

Noble-Moag is a personnel manager for Linwood Management Group, LLC, which provides management services to dairy companies, including Noblehurst Farms, and Synergy, LLC. In this role she coordinates staffing, employee payroll and benefits, communication and recruitment for the group along with being responsible for overseeing internal personnel controls and staffing.

In addition to her position with Linwood Management Group, Noble-Moag is very active within the community. She is the past president of the board of education for the Pavilion Central Schools, and continues to serve on the audit committee.

She maintains an active role in education and training for our rural communities, advocating for affordable, quality public education by serving as a board member on the Agricultural Affiliates, which provides leadership necessary to build a strong workforce for agriculture in the Northern U.S. She also is a member of the National Council of Agricultural Employers and New York State Agricultural Society.

Noble-Moag is a graduate of Cornell University and a graduate of Class VI of LEAD New York. She an elder in the Covington Presbyterian Church, and has served on the Committee on Ministry and Migration Working Group (a forum on immigration reform) for the Presbytery of the Genesee Valley.

She resides in Pavilion with her husband, Timothy Moag. They have three grown children.

The Batavia High School band played, the franchise owner made a speech and a longtime local employee cut the ribbon to officially open the new McDonald's Restaurant on East Main Street, Batavia.

Batavia-native Holly Carney (in purple, top photo), who will manage the new store, told the story of how her career with McDonald's started. She was 16 and her parents picked up an application for her and made her fill it out and hand it in. Her mother drove her to the store and made her turn it in. With tears in her eyes, she handed her application to Kathy Eves (top photo getting a hug from Carney). Despite her misgivings, she got the job and worked her way up into management.  

Eves cut the red ribbon to officially open the store and received as a present a palm-sized glass sculpture of the original McDonald's Restaurant in Des Plaines, Ill.

This is the 10th location for franchise owner Harry Schatmeyer (in the white shirt), who also owns the McDonald's location on West Main.

The store made a $500 donation to the Batavia HS band.

Also pictured in the top photo, assistant manager Stephanie Bouter.

City Manager Jason Molino with the Hamburglar and Grimace.

I got there too late, but Dan Fischer, WBTA, confirms there was quite a crowd lined up for the opening of the new McDonald's on East Main Street, Batavia. He said people were lined up before 6 a.m. The opening was at 8 a.m. He said at one point there were at least 100 people in line.

There is an official ribbon cutting at 10 a.m.

Two members of the Town of Batavia Planning Board said they were initially opposed to plans for an apartment complex in an area zoned commercial on West Main Street Road, but after study and consideration, decided to vote in favor of the project.

Those votes were essential last night to early-stage approvals for Big Tree Glen, a planned 136-unit complex from Rochester-based Conifer Developers.

The board approved the environmental review process, a zoning variance and a preliminary site plan.

The zoning variance is contingent on agreements in the final site plan that will prohibit Section 8 and HUD-subsidized rents in the complex, as well as continued on-site management.

Conifer is applying for a state grant aimed at encouraging "workforce housing," and that subsidy combined with putting the complex in a commercial zone were stumbling blocks for board members Paul Marchese and Lou Pagnello.

After Pagnello did some research, however, spoke with an attorney friend and thought about it some more, he decided he should support the project.

He said factors included the solid reputation of Conifer and the quality they're promising for the new complex. 

He said he also realized that as a businessman, if he were expanding or building a new business, he would apply for whatever government aid might be available. Any business owner would, he said.

"The more I think about it, the more I think this benefits the community as time goes on," Pagnello said. "I was totally against it, but after doing a little research on my own, that's how I feel about it now. We want development in Batavia and we want to work with developers who are top-notch, not like some of the others we've dealt with before."

The complex, he said, will actually help spur commercial development on West Main, which is a key development goal for the town.

Marchese said he was with Pagnello.

"I was really against it, too," he said.

Because the county planning board recommended disapproval of the project, the town board needed at least five affirmative votes to approve the zoning variance. The vote was 5-1.

Paul McCullough voted no on the zoning variance request. He didn't state a reason for his no vote.

The board will need to approve a final site plan at a later date that will include the covenants and restrictions it's looking for to ensure the complex remains a quality housing project.

The state grant Conifer is applying for requires that the apartment complex meets the residential needs of people earning 50 to 60 percent of the area's median income.

That's about $65,000 for a a family of four in Genesee County. For the Town of Batavia, the complex will actually be meeting the needs of a family of four earning about $54,000 a year in gross income.

"This is truly workforce housing for the Town of Batavia," said John F. Caruso, representing Conifer.

Previously:

• Developers make case for 136-unit apartment complex in Town of Batavia
• County planners reject proposed apartment complex on West Main Street Road, Batavia

Jamie Merica prides himself on being a good mechanic, and Bob Adams Automotive in Le Roy has a decades-long reputation for good service, so when Bob Adams decided to sell his business and retire, Merica said taking over the business seemed like the right opportunity.

After five years as an employee of Adams, Merica now owns the shop.

"As a lifelong resident of Le Roy, I know a lot of people," Merica said. "That will help. We offer honest repairs at a fair price and we try to take care of everybody we can."

Photo by Amanda Earl.

The New York Press Association has served as a membership organization for community newspapers in the State of New York for 161 years.

Today, The Batavian became the second member in the group's history that publishes news exclusively online.

The first was RiverheadLocal on Long Island.

We're proud to become members of NYPA, which has a distinguished history of serving the needs of news publishers in New York.

Here's a statement from NYPA about our membership:

The New York Press Association is delighted to welcome Howard Owens and The Batavian as our newest online-only member. 

“The Batavian is a highly respected news organization which provides relevant local content to its readers,” said executive director Michelle Rea.“Readers should be able to access quality news content wherever and whenever they choose. Content and relevancy are the key, and The Batavian excels at both.  

"NYPA has a proudly supported New York’s community news organizations for more than 160 years, and as news organizations evolve, so do NYPA’s programs and services. NYPA continues to introduce best practices and new business models for print and digital platforms. We’re thrilled to have The Batavian join the conversation.”

Heading back to Batavia this afternoon, I stopped in at Roanoke Apple Farm, in Bethany, for the first time.

Above, Alex Kiefer, an employee, picks apples.

Scott Darron and his daughter Natalya load up a bushel of apples. Darron said he was planning on making pies.

Jane Read and Anne Marie Starowitz were at Holland Land Office Museum on Saturday morning setting up a new exhibition about the history of local shoemaker p.w. minor. 

The grand opening of the display is Oct. 2.

Employees and retirees of p.w. minor are invited to a preview at 3 p.m. The public is invited to a ribbon cutting at 6:30 p.m.

Many of the items in the display were provided on loan from The new p.w. minor.

 

The way Hiram Kasten and Lucine Kauffman see it, Genesee County is a great place to live.

It's beautiful, there's a lot going on, and you'll meet some of the nicest and most interesting people if you just get out on the town a bit.

It's these qualities that they want to highlight in their new weekly, one-hour radio show on WBTA, which debuts Oct. 1.

"Talk of the Town" will feature talk about what's going on and some of the region's interesting people.

It's a cultural show -- arts and entertainment -- but it's more than that.

"There's a national trend toward localism," Kauffman said. "It's not just shopping local. It's living local. We want to capture that idea."

Kasten and Kauffman like interesting people, but they are, of course, interesting people themselves.

Kasten has been a professional entertainer for decades with a long resume in New York and Hollywood that included recurring roles on "Seinfeld" (Hiram and Jerry came up through the New York comedy club circuit together) and "Everybody Loves Raymond."

Diana Kisiel Kasten, Hiram’s wife, is from Batavia and operates Pinnacle Manufacturing on Harvester Avenue. She convinced Hiram to move here a year ago. The couple has a grown daughter who attends Cornell University.

Kauffman is the former town supervisor for Elba and has been active in local theater for years. She grew up in Southern California and graduated from USC. She moved to Genesee County with her Batavia-born-and-bred husband, Bill, 25 years ago. Their daughter attends Notre Dame University. Bill Kauffman is the author of nine books and the screenplay "Copperhead," which had its theatrical release last year.

"We're going to talk about the cultural aspects of Genesee County and the region," Lucine said. "It's more than just arts and entertainment. There are farm co-ops and local artisans and people who enrich life in Genesee County. It's all about quality of life and the quality of life here is very good."

Hiram said he often knows the comedians passing through Rochester and Buffalo, so that will be an opportunity to hear from nationally recognized talent, but they'll also feature the volunteers who make community theater so vital to Batavia.

"There's a lot to celebrate in Genesee County," Lucine said.

"Celebrate. That's a good word," Hiram added. "There is a lot to celebrate here."

The show will air Wednesdays from 9 to 10 a.m. on WBTA-1490.

A family-owned communication company that has provided phone service in Genesee County for more than 100 years is bringing true high-speed Internet to Batavia.

Empire Access, an affiliate of Empire Telephone, with a location in East Pembroke, is installing fiber optics throughout the city.

The network will be able to deliver business and residential service with download speeds of 100 megabits and upload speeds of 20 megabits.

Verizon DSL only offers a 10mb down and 1mb up service in Batavia and Time-Warner's top-end service locally is 30mb down.

Senior VP Jim Baase said the prices will be better, much better, too. That 100mb/20mb service will cost only $50 a month.

This is the sixth market Empire is introducing high speed Internet in, Baase said.

"We've had great success competing against companies like Time Warner and Verizon," Baase said.

Business customers can order high-speed Internet now from Empire, said local manager Tom Hare, and delivery is about 30 days out currently.

The first neighborhood to get residential service will be in the northeast quadrant of the city, Hare said, starting in about three our four months. The rest of the city should be covered within six months.

Empire is also offering phone service over the fiber network, as well as cable TV and security systems.

All of the regulatory hurdles at the state and federal levels have been cleared, Baase said, and Empire is just starting negotiations with the city for a cable franchise agreement.

As previously reported, the city is also in the midst of negotiating a new agreement with Comcast.

Empire Telephone is a third-generation, family-owned business based in Prattsburgh. For most of its history, it's been a rural telephone network in such places as East Pembroke, Pembroke and Indian Falls where it has some 700 telephone customers (that area is also scheduled to receive a fiber network service from Empire).

Baase said Empire decided to bring a fiber because it's an open market (Verizon has shown no interest in introducing FiOS here) and it will have a large enough customer base to support the network.

"It's a very attractive market for us," Baase said. "It's densely populated and we don't like to over build where there's FiOS. We don't like to go where there's already a company like ours."

On its marketing material, Empire Access bills itself as "The Local Company," and Empire will have an office in Batavia (while maintaining a switching station in East Pembroke, where the office was located). Baase said Empire will employ people locally and hire more and more people as its local network grows.

Another Empire advantage, Baase said, is when you call customer service your call is immediately routed to a real person, rather than a long telephone tree of button pushing.

Empire has plans to expand into other parts of the county, primarily along Route 5, once the Batavia network is built.

Interested business customers (not residential yet) can contact Tom Hare at (585) 813-9861 or THare@etcnpt.com. (e-mail address corrected)

Top photo: High speed fiber-optic cable ready for installation in Batavia.

Tom Hare in Empire Telephone's current switching room in East Pembroke.

Empire Telephone's longtime facility in East Pembroke.

Press release:

UR Medicine's James P. Wilmot Cancer Institute will soon introduce a full menu of cancer diagnosis and treatment services in Genesee County, anchored at 262 Bank St. in Batavia.

UR Medicine has agreed to purchase Batavia Radiation Oncology Associates, the longtime practice of cancer specialists Kevin J. Mudd, M.D., and Jan Dombrowski, M.D.

Once the deal is complete, Mudd will continue to see patients as a member of the University of Rochester Medical Center faculty. Staff within the practice will also become University of Rochester employees.

The purchase, which includes the practice and the building, requires approval by the New York State Department of Health to make the practice part of Wilmot’s parent hospital, Strong Memorial Hospital.

"Dr. Mudd is a skilled and experienced clinician who will make a wonderful addition to our regional team of physicians,” said Jonathan Friedberg, M.D., director of the Wilmot Cancer Institute, a component of Strong Memorial Hospital. “His practice will form the hub for an expanded set of cancer services available right in Batavia.”

To further integrate care, Wilmot will renovate the building and introduce new medical oncology services, including chemotherapy and infusion services and will upgrade IT systems so that medical records and other information can be shared across Wilmot’s expanding network.

“This is part of our vision of bringing progressive cancer treatment directly into smaller communities throughout the region,” Friedberg said.

Mudd said "I have worked closely with the Wilmot Cancer Institute since coming to the region in 1996 and I look forward to continuing my practice as an integrated member of the University faculty."

The Wilmot Cancer Institute is the Finger Lakes Region’s leader for cancer care and research. As part of UR Medicine, Wilmot provides specialty cancer services at the University of Rochester Medical Center and at a network of satellite locations. Wilmot Cancer Institute is a component of Strong Memorial Hospital. The Institute also includes a team of scientists who investigate many aspects of cancer, with an emphasis on how best to provide precision cancer care.

The first thing Jason Harasimowszi thought when he saw Cross Fit on TV a few years ago was, "that's too hard."

He thought, "there's no way I could do that."

But he gave it a try and found, yes, it is hard, but, he said, "I wanted to keep doing it and get good at it."

Three years ago, he took a Cross Fit course in Chicago and became a certified trainer.

"It's nice seeing people succeed," Harasimowszi said to explain why he likes training others in Cross Fit.

Recently, Harasimowszi opened his own Cross Fit gym, Cross Fit Silver Fox, inside the Harvester Center.

Cross Fit is designed to be a complete, functional work out, often using heavy weights and complex, compound exercises that work more than one muscle at a time.

"(Cross Fit) is going to help you outside in life," Harasimowszi. "If you pick up boxes off the ground, it's like you're doing a deadlift. If you put a box on a top shelf, obviously, you're pressing something overhead. Everything is transferable to your outside life."

Silver Fox is equipped with about $20,000 worth of racks, weights, barbells, kettle bells, medicine balls, rowing machines, parallel bars, tires, boxes and other training equipment.

Classes are: Monday through Friday at 5, 6 and 7 a.m., and 4, 5 and 6 p.m.; Saturdays at 7, 8 and 9 a.m.; and Sundays at 11 a.m.

To locate Silver Fox, go into the Harvester Center through the main entrance and then down the hallway straight back from the door. The gym is on the left.

A fun family Harvest Festival in the country will debut from 10 a.m. to 5 p.m. on Saturday, Oct. 11, at the Kozy Kabin at 922 Genesee Street (Route 33) in Corfu.

Hosting are the property owners, Charles and Lenora Kohorst, who started the business three years ago. They build custom cabins and sheds of all sizes, with delivery, and custom-made polywood outdoor furniture, plus a colorful array of mums for the Fall season.

Why the festival?

"We have seen businesses in Corfu and Pembroke diminish these past few years, unfortunately, and have lost some great businesses -- The Market, IGA, Burling Drug, and more," Lenora said. "We see the need to come together as businesses and promote what the Corfu and Pembroke area has to offer the public. iI's a great place to live and visit (Darien Lakes)."

The scarecrow is the fest's theme.

Corfu and Pembroke area businesses are invited to participate in a scarecrow display that allows them to show off what they offer. They can dress it in any way that best shows the attendees their business with all their business information (addresses, contact info, specialties, etc.) also displayed alongside the scarecrow. Scarecrows will be displayed along the roadside (Route 33), craft vendors will have them at their booths, and they will be along the hayride that will go around the property.

There will be a bounce house, food vendors, craft vendors, kettle corn, hayrides, alpacas from Alpaca Delights, homemade desserts for sale, mums, pumpkins for sale. Browse Kozy Kabin, listen to live music, "needle in a haystack" game, face painting, balloon man.

There will also be a cabin raffle. First prize is a 10' x 20' cabin with a porch, or choice of $3,000 cash. Second, third and fourth prizes are a polywood folding Adirondack chair in the color of the winner's choice. Tickets are $5 or three for $10. Rain or shine. There will be tents.

For more information contact Lenora Kohorst at 409-7424.

There won't be Dunkin' Donut coffee addicts zipping into a new shop on West Main Street, Batavia, any time soon, it seems.

The City's planning board rejected a site plan for the propose fast food restaurant outright following a public hearing Tuesday.

Paul Viele, the board member who made the motion to reject the proposal, cited concerns over traffic and complaints from residents on Redfield Parkway and River Street.

The proposed location was a lot squeezed in between First Niagara Bank and Barrett's Batavia Marine.

Jett Mehta, president of the Pittsford-based development company looking to build a second Dunkin' Donuts in Batavia, said his company had looked at several properties on both the west side and the east side of the city before settling on a location they felt had sufficient traffic to support the franchise.

Donut stores and drive-thru coffee shops  need high-traffic locations, Mehta explained.

"We don't generate traffic just because somebody decides they want to drive across town to get a cup of coffee," Mehta said. "They might, but we generally don't generate traffic. We capture traffic."

Kip Finley, an engineer on the project, said getting coffee and donuts is more a matter of "impulse purchases from people who are already right there."

Board members and public speakers expressed some skepticism about the "captured traffic" motif. 

"Tim Hortons is not captured traffic," John Roach said. "People go there to get a cup of coffee, so I can see a lot more than five or six cars getting in line."

Mehta and his team brought their proposal to the city a couple of weeks ago and planners asked that the alignment of the store be changed so as many 20 cars in queue.

The developers did, even though they are vehement that there will never be 20 cars in queue.  

"Our company operates 19 Dunkin Donuts with drive thrus," Mehta said. "We've never seen 20 cars in queue. Twenty cars in a drive-thru queue just never happens. It's not how the business is run."

When board members expressed concerns about the reconfigured site dumping traffic on River Street, Finley said that was a result of trying to accommodate the request to have space for 20 cars backed up in line.

"We're pretty flexible on those things," Finley said. "We now have two plans and both work pretty well."

Neighboring business owner Mike Barrett called the project "ill conceived."

He said there was a 400 gallon propane tank at the back of the property, an auto parts store in the neighboring shopping mall that certainly stores a lot of chemicals. He wondered if the Fire Department had signed off on the project with access to those buildings being restricted.

He also said the DEC required access to the Tonawanda Creek from that location for grass cutting operations.

Code Enforcement Officer Doug Randall said City Fire had been consulted and Chief Jim Maxwell had signed off on the plans.

Redfield Parkway resident Jim Owen said he loves Dunkin' Donuts and doesn't made a section location in Batavia, just not that location.

"We're really getting overwhelmed with the traffic," Owen said. "If you try to get out on certain dates and certain hours, it's just brutal."

After the meeting, Mehta said he and his team will need to convene and decide with to continue pursuing a second Dunkin Donuts location in Batavia. 

Mike Mikolajczyk, owner of the current franchise and prospective owner of the second franchise, said during the meeting that the number one request he gets from current customers is a drive-thru location.

Asked about possible locations on the east side of the city, Mikolajczyk said it doesn't appear yet that East Main has the traffic volume to support a Dunkin' Donuts.

Photo: Steve Pum and Kip Finley.