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Le Roy

August 28, 2013 - 8:28pm
posted by Howard B. Owens in Le Roy.

Peter McQuillen can keep his barn.

That's the upshot of a decision by the Town of Le Roy Zoning Appeals Board, which met Tuesday night to consider whether construction of the barn violated the Village of Le Roy building code.

The question was rendered moot by McQuillen's decision this week to pull a permit to build a single-family residence on his 13-acre lot off Robbins Road.

"I was prepared to debate the interpretation of the code regarding accessory structures," McQuillen said. "I was also prepared to show precedent from around town of different areas were accessory structures were allowed ... but my wife and I have been thinking about this for a better part of a year ... This was something we were going to do in the future, but we decided a few days ago to go ahead now, so I pulled an application for a permit to start building a house."

Village code says you can't build an accessory structure prior to building a primary structure.

McQuillen was initially granted a permit in July to build the barn even though he did not request a permit to build a house.

That permit, all officials agree, was issued in error. A stop-work order was issued, but McQuillen could keep building while the stop-work order was appealed.

Since McQuillen has now filed the necessary paperwork to build a house, the board found that the barn is no longer out of compliance with the code.

There's nothing in the code, said Dan Lang, who is helping with Le Roy code enforcement issues while training a new code enforcement officer, that requires construction of the primary structure start before an accessory structure.

"The only issue is that there needs to be a single-family home with a driveway from Robbins Road to the accessory structure," Lang said. "If there is, the lot is in 100-percent compliance.

The barn in question sits just feet behind a house in Presidential Acres owned by Town of Le Roy Supervisor Steve Barbeau.

Barbeau and some of his neighbors believe McQuillen decided to build the barn out of spite because Barbeau, along with his neighbor, David Boyce, opposed a patio-home development McQuillen wanted to build on his 13 acres.

Barbeau and Boyce filed a lawsuit that eventually led to McQuillen abandoning the project.

The feuding between McQuillen and Barbeau came to a head earlier this month when a tree -- Barbeau said it's the third such tree -- fell from McQuillen's property onto Barbeau's property. Words were exchanged and Barbeau allegedly pushed McQuillen down and was subsequently arrested on a harassment, 2nd, charge.

Boyce and two neighbors filed an appeal of the building permit for the barn and Attorney Alan Knauf spoke at Tuesday's meeting, even though the appeal wasn't officially considered.

"The question here is there was a permit issued in July and was it a valid permit?" Knauf said. "It was not."

Knauf said the other issue with the barn is that he believes it's a commercial structure, and therefore out of compliance with the zoning of the neighborhood. Citing an article in The Batavian, Knauf said McQuillen gave a description of his planned use for the barn that makes it a commercial structure.

McQuillen said he was misquoted.

"It is in no way a commercial structure," McQuillen said. "I live on Robbins Road. I have a barn. This is a similar situation. I will have a home and a barn on the parcel that I bought. I don't understand why I'm being grilled under such a microscope here when I'm the applicant. I don't think I'm doing anything other than apply for a permit and now I've had lawyers coming after me for 18 months."

Besides the lawsuit filed by Barbeau and Boyce, McQuillen is being sued by Carol Durney, the woman who sold McQuillen the 13-acre parcel for $13,000.

Durney claims McQuillen misrepresented some aspects of the property to convince her to lower the price, and he didn't reveal his intention to subdivide the property.

Between the lawsuits and the lost money on engineering studies for the subdivision, McQuillen said he is out tens of thousands of dollars.

Ask how much, and McQuillan said, "Honestly, I've never sat down to add it up. It would be too depressing."

NOTE: This story would have been published this morning, but just as I was finishing writing it, my computer ate it. At that point, I had to leave to cover something so I couldn't rewrite it then. I've been running around all day since then (hence no posts until now, but they're coming ... )

August 27, 2013 - 3:09pm
posted by Howard B. Owens in fire, Le Roy, Frost Ridge Campground.

A tree is on fire at Frost Ridge Campground, 8101 Conlon Road, Le Roy.

Le Roy fire is responding.

August 26, 2013 - 12:48am

Info and photos submitted by Phil Mangefrida.

We had beautiful weather for the debut of the Andrea Mangefrida Memorial Basket Raffle.

We had 140 people show up for golf and dinner or just dinner, with 21 foursomes, not to mention people who just walked in, bought raffle tickets and left. Here are some pictures.

The dancers are from Clann Na Cara School of Irish Dance in Buffalo.

They are, from left: Kelly Patterson, Monica Panzer, Molly Mangefrida, Xavier Patrick Dzielski, and Sarah Ziarniak

The SkyDivers are from Western, NY Skydivers.

Money raised from this event went to the Andrea Mangefrida Memorial Fund at Stepping Stones Learning Center in Irondequoit.

A big thank you to everyone who donated their time, effort, and baskets for this event.

 
August 25, 2013 - 12:58am
posted by Howard B. Owens in music, entertainment, Le Roy, Frost Ridge Campground, The Farm.

They call it Jam at the Ridge and on Saturday night, the two acts topping the bill fulfilled the promise of that title, cranking out hot tunes and kicking up some heels.

The headliner was Jerrod Neimann, who found a crowd ready to rock after The Farm put on a show that was as much party as concert.

And there was a lot to celebrate for The Farm, with Krista Marie, a native of Alexander, playing her first big-time show in Genesee County.

The amphitheater was packed with friends and family -- so many who lined up for autographs and pictures after the set that security guards were trying to hurry the line along before Niemann took the stage.

Previously: Hometown girl brings big time act to Frost Ridge

August 24, 2013 - 2:02pm
posted by Billie Owens in Le Roy, accidents.

A car versus motorcycle accident is reported at 7850 E. Main Road in Le Roy, unknown injuries. Le Roy fire and ambulance are responding along with mutual aid from Mercy medics. The location is between Circular Hill and Asbury roads.

UPDATE 2:05 p.m.: Two patients, both are up and walking around. An ambulance from Caledonia is started just in case it's needed.

UPDATE 2:14 p.m.: Byron Fire Police are requested for traffic control at Route 5 and Asbury Road.

UPDATE 2:24 p.m.: The patients are sign-offs.

UPDATE 2:34 p.m.: Le Roy command has requested Caledonia's rig back to the scene because the motorcyclist is now complaining of pain.

August 24, 2013 - 1:25pm
posted by Billie Owens in crime, Le Roy.

Press release from Le Roy PD:

A stabbing in the Village of Le Roy today has led to the arrest of two persons by the Le Roy Police Department.

The incident started about 2 a.m. when 27-year-old Nicole M. DellaPenna and her relative 24-year-old Edward D. McDonald, both of 9 South St. in Le Roy, got into a verbal altercation with multiple others in the area.

During the course of the incident, McDonald allegedly struck the window of one person's vehicle breaking same. DellaPenna then allegedly pulled out a knife out and was threatening others. The incident continued and DellaPenna allegedly advanced towards one person and stabbed the victim in the back near the shoulder blade.

The victim of the stabbing was transported to the hospital for a potentially serious but not life-threatening stab wound.

McDonald was charged with one count of misdemeanor criminal mischief in the fourth degree and issued an appearance ticket to answer the charge at a later date. DellaPenna was charged with one count each of felony assault in the second degree and misdemeanor criminal possession of a weapon in the fourth degree. DellaPenna was arraigned and committed to the Genesee County Jail in lieu of $15,000 bail.

The Le Roy Police Department was assisted by the Genesee County Sheriff’s and the NYS Police.

August 23, 2013 - 6:54am
posted by Billie Owens in Le Roy, accidents.

A car versus motorcycle accident with serious injuries is reported in the area of 7959 North Road, near Conlon Road, in the Town of Le Roy. The motorcycle rider is unconscious in the middle of the roadway. Mercy Flight was heading to the scene and is now cancelled by Le Roy medics. Le Roy Fire Department is responding. Fire Police have shut down Route 19 at North Road. Law enforcement is on scene.

UPDATE 7:07 a.m.: Le Roy medics are leaving the scene; back in service.

UPDATE 7:10 a.m.: Pavilion fire is requested to fill in at Le Roy's fire hall.

UPDATE 7:57 a.m.: This is a fatal accident and the coroner is on scene.

UPDATE 8:54 a.m.: Here's a statement from Sheriff's Chief Deputy Gordon Dibble at the scene:

"Looks like the small blue car and the motorcycle were westbound on North Road. From what we understand, the driver of the small car wanted to turn around and go back the direction they were going. Looks like they slowed, maybe pulled off to the right some; motorcycle coming up behind them; looks like (the motorcyclist) saw (the car) slowing and pulling into the right; (the motorcycle was) slowing...to start to go around the vehicle.

"Small vehicle didn't see the motorcycle coming; did a U-turn and the collision took place somewhere in the center of the lane, maybe even some into the eastbound lane. Motorcycle driver, by the marks in road, looks like they started into their pass and then motorcycle layed down and motorcycle and driver slid into the side of the car -- to the left side of the car. That's about it."

The vehicle is described as possibly a tiny Smart car.

UPDATE 9:08 a.m.: Pavilion's standby is released and they are back in service.

UPDATE 9:22 a.m.: The Le Roy assignment is back in service.

UPDATE 9:57 a.m.: The family has been notified, but the name of the victim has not yet been released.

UPDATE Noon (by Howard): The motorcycle driver is identified as Joshua J. Lowery, 26, of Brockport. The Smart car was driven by Jeffrey J. Simek, 55, of New Smyrna, Fla. The preliminary investigation indicates that Simek slowed, moving to his right and then began to initiate a U-turn. Lowery's 1998 Suzuki struck the Smart car. Lowery was pronounced dead at the scene. Simek was not injured.

The accident was reported at 6:40 a.m. Le Roy Fire Department and Le Roy Ambulance Service responded. The investigation is being conduct by Deputy Brad Mazur, Investigator William Ferrando, Sgt. Jim Meier and Deputy Eric Seppala.

One additional comment Chief Deputy Gordon Dibble made at the scene was that when Simek made his turn, if he looked down North Road, he would have been looking east directly into the sun.

August 21, 2013 - 3:02pm
posted by Howard B. Owens in sports, Le Roy, Pavilion, softball.

Photo and information submitted by Tim Kingdon.

The Z&M Ag and Turf's "Ballbusters" took the Thursday night Pavilion slowpitch softball league championship over the weekend. The Ballbusters met Smokin' Eagle BBQ & Brew in the finals where -- despite being down to only nine guys due to injury -- they were able to beat the Eagle twice in a row to capture their first league championship. They would like to thank the Pavilion Volunteer Fire Department and R.L. Jeffres & Sons, Inc., for the countless hours they put into the field all season.
 
Pictured from left in the front row: Scott Lazarony, Mike Hackett, Jon Parks, Mike Anderson, Tim Kingdon. Back row from left: Dale Buck, Adam Logsdon, Mike Lafex, Kevin Young and Brad Whight.
August 20, 2013 - 11:47am
posted by Howard B. Owens in football, sports, high school sports, Le Roy.

Expectations are high for Le Roy football this year, with players such QB Mike McMullen who started as sophomores when the Knights contended for a Section V title and now return as juniors. The group includes Tom Kelso, Kody Lampkin and John Pierce.

Here's some photos from today's practice.

The team captains were named today. The captains are Kody Lampkin, Mike McMullen, Tom Kelso and Brandon Van Grol.

McMullen wore his patriotic socks.

Mike McMullen

Tom Kelso

Lineman Anthony Paladino, who transferred from Notre Dame back to Le Roy, with head coach Brian Moran.

Center and defensive lineman Kody Lampkin

Conrado Caballero.

Tom Kelso

John Pierce

August 20, 2013 - 7:38am
posted by Howard B. Owens in Le Roy, Le Roy Christian Community Project.

Fifteen years ago, leaders with several churches in Le Roy came together to create an after-school program for children. That was the start of the Le Roy Christian Community Project. Today, LCCP runs eight programs, including a backpack program, a free weekly community dinner and a caregivers support group.

Yesterday, County Legislator Shelly Stein presented LCCP's board of directors with a proclamation from the county commemorating the group's 15 years of service to the community.

Photo from left: Heather Zerillo, Selby Davis, director of Grace's Kitchen; Pastor Colleen O'Connor; Board Chair Dave Parton (in the back), Pastor John Partise; Sam Defazio; Vice Chair Lisa White; Board Treasurer Mary Tyler; Lauren Humphrey; Community Outreach Coordinator/Board Secretary Lois Nicholson. In the front row, Susan Wakefield, director of LCCP; Shelly Stein; Jana Pritchett, assistant director.

August 19, 2013 - 11:59pm
posted by Howard B. Owens in Le Roy, preservation.

A group of property owners on Main Street in Le Roy have expressed an increased interest in forming a historic district, so tonight, Cynthia Howk, of the WNY Landmark Society, gave an informational presentation at the village hall.

Park of Howk's talk was to clear up myths about historical preservation designations.

The biggest myth is that getting a property on the state or national register, or a whole district, gives the government some level of control over the property.

That simply isn't true.

"I could take all of you on a bus tour right now and show you dozens of buildings that have been torn down that were on the national register," Howk said.

If your property is on the national register you can paint it whatever color you like, you can put vinyl siding on it, you can let it rot away, you can convert to a fast food restaurant -- all of the things you can do with a property that isn't registered you can do with one that is, so long as it exists with current code enforcement and zoning regulations.

Asked if there were any cons and Howk said, "I don't know of any cons. You can tear your house down if you want. You can still put siding on it. You can have the worst taste in the world and paint it red, green, purple and black. You can cut all the trees down. All of that, so long as it is in the village code."

So what's the advantage?

Tax credits when you want to repair or restore. Buildings that have received a national registration designation or are within a district are eligible for credits on contracted labor (not DYI labor) and materials.

So how is a building or district designated?

For a building, whether commercial or residential, there are pages and pages of applications to complete. The application is reviewed by a department of the state's parks service and if granted, the application is forwarded to the national park service for designation.

The process for a whole district is similar, except that 51 percent of the property owners in the proposed district must support the application and the paperwork isn't quite as detailed.

Any area or building in Genesee County with potentially historic buildings has a good shot at such a designation because the average income in all parts of Genesee County is below state average.

The main criteria is that the buildings look much like they did when first constructed and that they have some local historical significance.

"This isn't some Martha Stewart beauty contest for rich people's houses," Howk said. "Houses that go onto the national register go on because they're important to the local community."

It's also important to recognize, Howk said, that there is an important distinction between a building on the national register and a national landmark. A landmark -- such as the Eastman Mansion or the Susan B. Anthony House -- are historically important to the entire nation, not just a local community.

Nobody is talking about landmark status for anything in Le Roy.

There is a definite benefit to local communities that create historic districts -- they attract tourists.

"There's prestige with a historic district," Howk said. "There's such a thing as heritage tourism. Yes, there are nuts like me, and there are lots of us, who like to go to places and look at pretty buildings."

Studies show, she said, that heritage tourists stay longer and spend more money in the communities they visit, and once you have a designation, tourism magazines are more likely to write about your community.

Village Trustee Jennifer Keys attended the meeting and said she thinks that's an important point to consider.

"Any time we can get people to come into Le Roy and spend money and see how beautiful it is, that's a win," Keys said. "That's what we want to do."

According to Keys, about 50 percent of the business district property owners have already expressed interest in a historic district designation, and with that interest, a few folks on East Main Street are talking about forming an East Main district, and there is some interest on Church Street. West Main is also a potential district.

While designated structures are eligible for tax credits for repairs, and you can do what you want with your property, modifications that don't fall within preservation guidelines are not eligible for tax credit. 

About 50 village residents attended the meeting.

August 19, 2013 - 2:07pm
posted by Howard B. Owens in entertainment, Le Roy, greens of le roy.

Information and photos submitted by Kevin Robertson.

Actress Alison Arngrim, who portrayed nasty Nellie Oleson on the '70s television series "Little House on the Prairie" recently made a visit to the residents at The Greens in LeRoy.

The Greens of LeRoy is an independent senior living community and Arngrim was in town as part of the festivities at the Genesee Country Museum's Laura Ingalls Wilder weekend.

The actress took time out of her busy schedule that weekend to give a presentation at The Greens.

"Little House on the Prairie" is a favorite of the residents and Arngrim spoke to them about working with Michael Landon, what it was like to be on a televison show, its longevity and popularity and answered any questions that the residents had.

Following her presentation, Arngrim took time to visit with the residents, take pictures and sign autographs. One resident invited the actress to her apartment afterward to show her an 1800s wheelchair, one very much like the ones used on the series.

Kim Pasquale, director of The Greens organized the visit and said that residents thoroughly enjoyed Arngrim's presentation and were thrilled that the actress stopped by while she was in town.

August 18, 2013 - 9:46am
posted by Howard B. Owens in Le Roy, corfu, WGRZ.

Michael Caputo invited me to appear on WGRZ's Sunday afternoon show, 2 Sides, which airs at noon.

We'll be talking about Corfu and Le Roy. 

If you receive the Buffalo stations on cable or DirecTV, tune in.

August 17, 2013 - 6:50pm
posted by Billie Owens in Le Roy.

A caller on Gilbert Street in Le Roy complains that a man wearing "some sort of badge" knocked on her door and asked to use her bathroom. "When she denied him entrance, he started asking about the neighbors." Police will be checking the area to try and locate the man.

UPDATE 7:05 p.m.: Police located the man and spoke with him. He's one of several people canvassing that area, presumably to sell something. The solicitor said they will be leaving soon.

August 17, 2013 - 12:26pm
posted by Billie Owens in Le Roy.

A woman is reportedly "covered in blood" and walking a dog in Le Roy. She was on Myrtle Street in the village and is now walking northbound on Route 19. Le Roy Police are responding.

UPDATE 12:31 p.m.: Police met up with her on Craigie Street. "You can disregard," the officer tells dispatch. "She just got through running the 5K race." The officer says she is going to speak with the caller who is "very concerned" about the woman.

August 16, 2013 - 1:40pm

The premiere of the Andrea Mangefrida Memorial Golf Tournament and Basket Raffle is Aug. 25 at the Le Roy Country Club, located at 7759 E. Main Street Road in Le Roy.

The purpose of this tournament is to replenish The Andrea Lynn Mangefrida Memorial Fund at Stepping Stones Learning Center. The fund was set up to buy teaching and recreation equipment the center.

Sign-in is 10 a.m. with the Shotgun Start at 11 a.m.

Prizes for: Closest to the Pin, Longest Drive, and Hole-in-One.

Cost is $50 per person for golf and dinner; $25 for just dinner. Doors open at 3 and dinner is served once the last golfer finishes.

There will be door prizes, basket raffles and more!

Ask about sponsoring a hole or donating a basket!

RSVP to any of the following:

Founded in 1994, Stepping Stones Learning Center has since grown into the leading provider and advocate for inclusive services to children in the Rochester area. The program began with two teachers serving nine children from birth to 5 years of age with and without special needs, and now serves more than 500 children birth to age 21 throughout Monroe and the surrounding counties, in half- and full-day inclusive classroom, clinic and community settings.

For more information about Stepping Stones Learning Center visit: steppingstoneslearning.com

August 16, 2013 - 9:31am
posted by Howard B. Owens in batavia, crime, Le Roy, Pavilion, Stafford, corfu.

Kyle Justin James Jackson, 21, of Slusser Road, Batavia, is charged with aggravated harassment. Jackson, while incarcerated in the Genesee County Jail, allegedly threw a plastic cup containing feces at a corrections officer. Jackson remains in jail on other charges.

Sandra Rae Marceill, 66, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, driving too slow/impeding traffic and moving from lane unsafely. Marceill was stopped at 11:04 p.m. Aug. 9 on Main Road, Stafford, by Deputy James Diehl.

David Michael Jackson, 36, of Lake Road, Pavilion, is charged with forcible touching, endangering the welfare of a child and sexual abuse, 3rd. Jackson is accused of touching the intimate parts of a person less than 17 years old.

April Lynn Walradt, 36, of Westcott Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Walradt was allegedly the driver in a motor-vehicle accident reported at 1:18 a.m. Thursday on Westcott Road, Le Roy. The accident was investigated by Deputy Matthew Fleming.

David Alexander Bramblett, 44, of Chapin Street, Canandaigua, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, unlicensed driver. Bramblett was stopped on Route 77 in Corfu following a report of an apparently intoxicated driver from a witness on the Thruway. Bramblett was stopped at 4:19 p.m. Tuesday by Deputy Eric Seppela.

August 15, 2013 - 3:49pm
posted by Lisa Ace in Le Roy, ny, Crocker's Ace Hardware.
Company Name: 
Crocker's Ace Hardware
Job Type: 
Part-Time

Crocker's Ace Hardware, 8457 North St. Rd., Leroy 14482. Apply in person.
NO CALLS PLEASE. 2 Postions available.

(1) Sales associate - part time. Primarily week days but must be available for any shift, aprox. 20 hrs /week. Main job description is to aid customers in locating merchandise and answering question pertaining to their visit. Must be able to lift up to 50 lbs. and stand for long periods of time. The ideal candidate will have a working knowledge of all home improvement projects.

August 15, 2013 - 1:10am
posted by Howard B. Owens in Le Roy, robbins nest.

Stephen R. Barbeau and Peter A. McQuillen, two strong-willed men of means -- both with deep roots in the Le Roy Community -- now find themselves quite literally on the opposite sides of the fence.

A long trail of disputes reached an apparent boiling point Monday morning when Barbeau, the Town of Le Roy supervisor, was arrested on a second-degree harassment charge.

Barbeau is accused of shoving McQuillen to the ground causing a minor injury.

The tipping point seemed to be a tree that fell from McQuillen's property into Barbeau's yard.

Sometimes, though, a tree isn't just a tree.

For Barbeau, the felled tree was just another provocation.

Sure, McQuillen said, he's bitter, but nothing he's done was meant to provoke Barbeau. He claims he's tried to patch things up with Barbeau but was rebuffed and he said he's offended that so many people seem to have forgotten what he's done for the community.

The roots of the feud go back to last summer when Barbeau and his neighbors learned that McQuillen had drawn up plans to build 36 homes on 13 acres of land he owns off Robbins Road.

Barbeau lives in a tony neighborhood on the south edge of the Village of Le Roy, The newer $170,000-plus (assessed values according to public records) estate-style homes are situated on big lots and are on streets named after presidents. It's a quiet family neighborhood and residents say they are a tight-knit group who look out for each other's interests.

McQuillen owns the 13-acre lot that abuts homes owned by Barbeau and David Boyce, an executive with the Bank of Castile. He also owns more than a half-dozen other parcels in the same subdivision. He purchased the 13 acres about three years ago from Carol Durney for $13,000.

The new subdivision was going to consist of single-story homes valued at about $150,000 and reserved exclusively for buyers 55 and older. McQuillen's vision was that the homes would appeal to longtime Genesee County residents who were approaching retirement and ready to downsize and to rid themselves of yard maintenance and the need to climb stairs every day.

He was going to call the development Robbins Nest.

McQuillen carried the project through 11 different village, town and county approvals. When Barbeau and his neighbors fought against the project, McQuillen circulated petitions in the village and gathered 400 signatures in support of his project.

Then in September of last year, Barbeau and Boyce filed a lawsuit against the Town of Le Roy Planning Board claiming that its approval of the project had violated the law.

Barbeau and Boyce prevailed. Robbins Nest is dead. Killed, in McQuillen's view, by NIMBYs.

"I had to eat all my engineering costs," McQuillen said. "I got approval after approval. Eleven times it was approved. It continued to get approved and I continued to spend money ... yes, I'm a little bitter, but that has nothing to do with what I'm doing now. Absolutely not. I'm doing what I need to do to get reimbursed on what I have in an investment."

At the same time, he's also still fighting a lawsuit filed by the property's previous owner, Carol Durney. Durney accuses McQuillen of not revealing to her his plans for a subdivision prior to his purchase of the property. McQuillen thinks -- though admits he can't prove -- that at least two presidential subdivision residents are financing the suit.

On two of McQuillen's 13 parcels in the presidential subdivision, he is building two duplexes. One is nearly compete just down the street from Barbeau's luxury home. The other one, with only a foundation poured so far, is on the lot next to Barbeau's.

In the process of construction, McQuillen has cut down dozens of trees.

Along Barbeau's west property line, McQuillen removed every tree on his own property. Those were trees that Barbeau believes would have provided a nice privacy barrier for his home and whomever might eventually live in the duplex.

One of those felled trees came down on Barbeau's house, though it didn't cause any real damage.

"Mr. McQuillen didn't even contact us," Barbeau said during an interview Monday. "There was no coming over to say he was sorry or to ask if everything was OK."

On Tuesday, Barbeau let a reporter onto his property but said under advice of his attorney, he could not answer any more questions. 

Barbeau will be represented in his harassment case by Larry Andolina. Andolina, a Buffalo attorney, recently represented Gregory Phillips, the former City of Batavia firefighter who was accused of bookmaking and drug possession.

Before getting warned off by Andolina, Barbeau e-mailed several photos to The Batavian showing the trees that had fallen on his property along with a good deal of junk and debris that Barbeau claims McQuillen piled up near the back property line.

Another neighbor, Randy Bartz, shared photos of construction materials that had been stacked on one of McQuillen's lots. While the material was entirely on McQuillen's property, the placement visually was practically in Boyce's front yard.

Bartz thinks the placement of the material by McQuillen was done purely out of spite, and it made the view from the front porch and dining room of the Bartz home pretty unpleasant.

"We sit here every morning and have coffee," Bartz said. "We sit here every evening for dinner. We just didn't want to have to look at that stuff when we didn't have to. He has a bunch of lots here that are unoccupied that are closer to where he's building, so why not use them, unless, quite honestly, he's trying to aggravate."

McQuillen said he hasn't been trying to aggravate anybody. At the time the material came in, that was the best place to store it for access during construction.

The area residents seem to forget, McQuillen said, what the vacant lots looked like before he bought them, though Randy and Beth Bartz both said the vacant lots to their southwest, even though they are overgrown with vegetation, look much better than they did a few years ago.

"I've only owned the lots for three years," McQuillen said. "I moved in and cleaned up the property. There was a semi-trailer I hauled away, a partially built log cabin, and I can't tell you how many loads of steel and miscellaneous building materials and different things I hauled away."

The south-facing backyard of Barbeau's property is only about 20 yards wide. At one time, Barbeau and his wife could sit in their living room or dining room at look out on a thickly wooded lot.

For the past several weeks, the main thing they've been able to see is a garage McQuillen is building just feet from their back property line (it is beyond the legally required setback).

Among the pictures Barbeau shared with The Batavian, there was a bit of junk piled up on McQuillen's property in that location. Much of that junk is gone now, but there is still an old recliner and aluminum stairway laying on the ground.

Nobody really seems to understand why McQuillen picked that spot for his storage garage, not Barbeau, Randy or Beth Bartz, nor Candace Bower, another neighbor who has been watching the dispute between Barbeau and McQuillen blossom.

"That barn he's building back there, he could have built it anywhere," Bower said. "He didn't have to build it right there, right behind Steve's yard, right there. I think anybody who spent $300,000 to build a house and then sees that would be incensed. I know he shouldn't have pushed Pete, but you can only take so much."

The location of the building has nothing to do with Barbeau, McQuillen said. It's the most logical location for him to store his construction equipment and materials now, and then serve as a maintenance building for his duplexes.

He decided to build the garage after discussing the building material storage issue with Jeff Steinbrenner, the town and village code compliance officer. It was a way to deal with complaints from neighbors about construction material being stored outside.

Steinbrenner -- who has been in the code enforcement job for just a few months -- issued a building permit to McQuillen for the garage and then a few days later had to issue stop-work order.

Dan Lang, the Town of Batavia code enforcement officer who is working with the village and town of Le Roy under an inter-municipal agreement to help train Steinbrenner, said the building permit, according to village code, should not have been issued.

According to village code, Lang said, a primary building -- in this case a single-family home -- must precede an accessory building. McQuillen has yet to pull a permit to build a house on his 13-acre lot, the parcel the accessory building is on.

The code also allows McQuillen to keep construction going while the stop-work order is under appeal.

The appeal goes before the village's zoning board Aug. 27 (meeting time, 7:30 p.m.). 

If McQuillen pulls a permit for a single-family residence on the parcel, the chicken-or-egg issue of the accessory building largely goes away, and McQuillen said he fully intends to build a home for he and his wife on the property.

The fact that he is eventually going to make his home in the neighborhood is one reason he feels frustrated with people saying he wants to bring down their property values.

The one duplex he's nearly completed is a well-constructed building -- even Randy Bartz said it looks good and he doesn't object to it -- and McQuillen said the one he's building next to Barbeau's house will be even nicer.

Still, Randy and Beth Bartz said they're not happy with duplexes coming into their neighborhood. When they built their home, they thought the subdivision was zoned R-1. They didn't know -- and Candace Bower said she didn't know it either -- that there was already a variance in place to allow up to 10 duplexes in the subdivision.

"If we had known," said Randy, a retired state trooper, "We never would have built our dream home here."

The lawsuit filed by Durney against McQuillen alleges that McQuillen misrepresented his intentions for the property, that he falsely claimed that there were wetlands on the property and that a $10,000 sewer line would need to be built down Robbins Road.

Durney states in the suit that she reasonably relied on these representations by McQuillen and lowered her price on the property (she was intially asking $35,000). 

Benjamin Bonarigo, representing McQuillen, said in his answer that Durney didn't have standing to file a suit on many of the issues it raised and that any representations not included in the written contract were not binding.

McQuillen said he couldn't discuss anything related to the lawsuit, which is still pending.

As for his feud with Barbeau, McQuillen said he's tried mending fences. He said he went to Barbeau about his plans for the property next door and about the only response he got from Barbeau was a demand to build a higher privacy berm, reducing McQuillen's lot size.

McQuillen said he's truly puzzled by the response he's been getting to his development plans.

"I've done a lot for this village," he said. "I've built village streets with my own dollars. The homes I've built are high end. I really don't understand the fight. If this was Chili or Henrietta, they would welcome the buildings I'm putting up. I'm increasing tax revenues and the overall assessment of the properties. Where am I doing something wrong? I've not done anything for this neighborhood other than build it up."

Accessory building under construction behind Barbeau's property. The string hanging in the lower right denotes the property line. (Photo by Howard Owens, taken from on Barbeau's property).

Photo provided by Steve Barbeau of tree that fell on his house July 11.

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Photo provided by Steve Barbeau of what he said it looked like behind his house, on McQuillen's property, before construction on the outbuilding started.

Photo provided by Randy Bartz of the construction material that had been piled up on McQuillen's property next to David Boyce's property.

UPDATE: I should have gotten a picture of McQuillen's nearly completed duplex when I was in Le Roy Tuesday. Pete asked this morning why I didn't. It was a good point. Just an oversight on my part. He provided this picture.

August 14, 2013 - 8:57am
Event Date and Time: 
September 7, 2013 -
1:00pm to 5:00pm

 

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