Skip to main content

batavia

New Tim Horton's on Lewiston Road one step closer to approval

By Howard B. Owens

Tim Horton's is moving forward with plans for a new location in Batavia, on Lewiston Road, near West Main Street Road, and the company cleared another regulatory hurdle Monday night.

The Town of Batavia Zoning Board approved a setback variance for the restaurant building, allowing the structure to be located about 15 feet from the property line.

The current, vacant, building is 10 feet from the property line and the local zoning law requires a 30-foot setback, unless a variance is granted.

The zoning board approved the variance unanimously.

The board also completed a short-form environmental review and found that the one issue to be resolved is what traffic impact a Tim Horton's will have on the already busy intersection of Lewiston and West Main.

A couple of area residents spoke out against the proposed location saying additional traffic will make an already bad intersection all that much more dangerous.

A Department of Transportation traffic study for the proposed site has already been ordered and the town's planning board will take up that issue and any other issues at a public hearing Dec. 5.

Bob Bender, real estate project planner for Tim Horton's, said he doesn't know what the traffic study will show and didn't speculate about any findings.

There would be two ingress and egress points to the proposed location, one off of Lewiston Road and the other off West Main Street. The blueprint shows the West Main driveway in the same location as this tree.

The building will be 1,953 square feet.

A franchise owner for the location will not be announced until the project is approved, Bender said.

If the project is approved, construction would start in March or April.

Charity tattoo and piercing event at High Voltage set for Dec. 6 and 7

By Howard B. Owens

For the second year in a row, the crew at High Voltage Tattoo and Piercing is hosting a tattoo and piercing marathon with proceeds benefiting local charities.

This year, all money raised during the two-day event will be donated to Don Carroll's Toys for Kids and Golisano Children's Hospital. 

You can pick from a group of pre-determined tattoos for $30 per tattoo and piercings for $20 (includes jewelry).

No appointments will be accepted during the two-day event, which is from 10 a.m. to 8 p.m., Dec. 6 and Dec. 7.

Last year, the event was only one day and the High Voltage crew worked until late into the night trying keep up with the demand.

High voltage is located at 110 W. Main St., Batavia.

Photo: Mark Fanara, owner, Kenny McCarthy, Lisa Vokes and Andrew London.

Man with prior arrests, already serving time, accused of selling drugs to undercover agents

By Howard B. Owens

A 26-year-old Batavia man with prior arrests and already serving time in state prison was arraigned today on a sealed grand jury indictment charging him with drug dealing.

Cody Alan Bush Jr., formerly of 7614 Oak Orchard Road, Batavia, is accused of selling quantities of hydrocodone, oxycodone and suboxone to an agent of the Local Drug Enforcement Task Force.

A press release from the Sheriff's Office doesn't state the time period in which Bush allegedly made the sale to an undercover agent.

Bush is charged with criminal sale of a controlled substance, 3rd, and criminal sale of a controlled substance, 4th.

Following arraignment in county court, bail on this arrest was set at $20,00 and Bush was returned to Lakeview Correctional Facility.

He is serving from one-and-a-third to four years for driving while impaired by drugs with a prior offense, arriving in prison Sept. 13, 2012. The conviction may stem from a May 2011 arrest of Bush for felony driving while ability impaired by drugs, felony aggravated DWI with a child in the car (Leandra's Law), felony aggravated unlicensed operation, four counts criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

In the past couple of years, Bush has also been charged with petit larceny, criminal contempt and harassment.

Submitted photo: Brownie comes through in a big way for hat and glove drive

By Howard B. Owens

Erin Coles submitted this photo of Jasmine Wessel, of Alexander. Jasmine showed up at the hat and glove drive over the weekend with two suitcases full of stuff along with some additional bags of items she was able to collect from classmates and her Brownie troop.

Young man blows second chance, sent to prison for two and a half years

By Howard B. Owens

A young man once granted a second chance following his arrest in Batavia on drug charges was sentenced to state prison today.

Rochester native Benjamin Santiago, 23, will spend the next two and a half years in prison for drug possession and parole violation.

Santiago was originally arrested at a Batavia motel back in June of 2011.
At the time, he was one of three men arrested in possession of 74 bags of heroin and cocaine.

Shortly after his arrest, Genesee County Court agreed to allow Santiago to plead guilty to a reduced charge that would carry no jail time if he completed a substance-abuse program.

Santiago never completed the program and never appeared back in court.

He was re-arrested in October for bail jumping. His sentence on that charge will be handed down next month will run consecutively with the term he was given today.

Law and Order: Alexander man with pending felony charges arrested again

By Howard B. Owens

Nicholas A. Antonucci, 25, of Broadway Road, Alexander, is charged with burglary, 2nd, and criminal contempt, 2nd. Antonucci allegedly entered a residence at 9:30 a.m., Saturday, of a person with an active stay-away order against Antonucci. Deputies allegedly located Antonucci inside the residence. Antonucci was jailed without bail. (Prior reports on Antonucci)

Cody A. Patrizi, 22, of 16 Walnut St., upper, Batavia, is charged with unlawful dealing with a child. Patrizi is accused of hosting an underage drinking party, which was reported at 1:15 a.m., Sunday.

Jake P. O'Leary, 19, Sam M. Cassidy, 21, and Declan L. Brennan, 21, all of 8 Montclair Ave., Batavia, are charged with unlawful dealing with a child. The three men are accused of hosting an underage drinking party, which was reported at 12:04 a.m., Sunday. Numerous underage people were allegedly at the party drinking.

Richard L. Maston, 30, of 40 S. Main St., upper, Batavia, was arrested on a warrant for allegedly failure to appear on a disorderly conduct charge. Matson was jailed on $500 bail.

Jennifer L. Stack, 26, of 48 S. Main St., Batavia, and Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, are charged with petit larceny. Stack and Horseman are accused of stealing a shopping cart full of groceries from Tops Market at 3:17 p.m., Saturday.

Charles A. Larsen, 37, of Fisher Road, Oakfield, is charged with criminal trespass, 2nd. Larsen is accused of entering a residence on Swamp Road, Byron, and removing items that he owned. Larsen was jailed on $300 bail.

Alec Michael Frick, 23, of Ellicott Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding and consuming alcohol in a motor vehicle. Frick was stopped at 10:44 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Matthew Fleming.

Michelle Ann Bruner, 19, of Townsend Street, Akron, is charged with criminal contempt, 2nd. Bruner is accused of harassing a victim in Basom in violation of a Family Court order during a property retrieval.

Joseph Lee Piedmont, 47, of Ross Street, Batavia, is charged with harassment, 2nd. Piedmont is accused of pushing another person.

Leon C. Bloom Jr., 30, of Batavia, is charged with felony criminal contempt, 1st. While incarcerated at the Genesee County Jail, Bloom is accused of sending a letter to a person protected by court order from contact by Bloom.

Melissa Marie Morton, 27, of Maple Road, Basom, is charged with petit larceny and criminal contempt, 2nd. Morton is accused of stealing four PlayStation3 games from Kmart. When confronted by store security, Morton was reportedly cooperative and returned the items. At the time of the incident, Morton was allegedly with another woman she is barred by court order from contacting.

Patrick O'Neal Spikes, 31, of Hutchins Street, Batavia, is charged with bail jumping, 2nd. Spikes was located by Batavia PD at an address on West Main Street Road while officers were assisting NYS Parole on a matter involving another individual. There was reportedly an outstanding warrant for Spikes out of city court for alleged bail jumping. The person parole officers were attempting to locate was not in the residence.

Photos: Sunrise at DeWitt Recreation Area

By Howard B. Owens

This morning I went out to DeWitt Recreation Area for the sunrise.

After a little time there, I went for a short drive and on the spur of the moment I swung into Grand View Cemetery, not expecting to find E.N. Rowell's monument (bottom photo).

Photos: Sunset at DeWitt Recreation Area

By Howard B. Owens

One of the items on my to-do list for awhile has been to go to DeWitt Recreation Area for sunset pictures over the lake. This evening, I made that trip.

Photos: Big turn out for Santa's visit to Oliver's Candies

By Howard B. Owens

Oliver's Candies was packed today with kids and parents for Santa's annual visit to the store.

Outside there was also a petting zoo and the Batavia Jaycees sold hot dogs and local Girl Scouts sold cookies.

Photos: Santa visits Present Tense Books

By Howard B. Owens

Part of Santa's busy schedule in Batavia today was a stop at Present Tense Books on Washington Avenue. Pictured with Santa are Trey, 3, Quinn, 8, Lilyanna, 3, and Gunner, 2.

Below Santa holds a great Christmas gift idea -- the board game Bataviaopoly. The game was just released and is a fundraiser for the Zonta Club of Batavia. It's available for sale at Present Tense.

Pair of men threaten a person, possibly with a gun

By Billie Owens

Police are in the area of the Northside Deli after a caller told dispatch that a white male and a black male made threats to another person and either showed a gun or said they had one. The complainant is somewhere on Bank Street and the pair police are looking for were last seen sitting outside the deli, located at 162 Bank St.

Photos: Wonderland of Trees at HLOM, 2012

By Howard B. Owens

Friday was the gala opening of the annual Wonderland of Trees at the Holland Land Office Museum.

The event features trees decorated in themes selected by their sponsors, which are local businesses, government agencies and charities.

The Wonderland Of Trees will be open at HLOM through the holiday season.

Rollover car crash at West Main and River streets in the city

By Billie Owens

A one-vehicle rollover accident, blocking traffic, unknown injuries, is reported in the City of Batavia at West Main and River streets. Mercy medics and city fire are responding.

UPDATE 5:27 p.m.: A woman in her 50s is being transported to UMMC. A car is on its roof and a flatbed tow is called.

UPDATE 5:45 p.m.: One person was a sign-off. The city assignment is back in service.

UPDATE 6:04 p.m.: Here's a statement made to Howard at the scene about what a witness saw:

Conor Wilkes: "I was riding right behind the car when it happened. I was behind the white Toyota and the (Ford) Ranger that was in front of her made an abrupt stop. I think she was trying to change lanes at the same time. But the Ranger stopped so suddenly that when she made the turn, the front side of her car clipped the back side of the Ranger.

"I think her front tire rolled up on the rear tire of the Ranger just right and flipped the car. The Toyota wasn’t speeding. It was just a (freak) accident. Normally it would be just a quick fender-bender and everybody’d be OK, But it just happened so quick.

"As soon as I saw it happen, I pulled to the side and called 9-1-1 and got those guys going pretty quick. I put my jacket on, I got out and looked around the car and looked to see how many passengers there were, how the car was. A couple of pedestrians helped out.

"I got the keys out of the vehicle and made sure it was secure. She seemed to be alright except she was upside down. And then we just waited for fire and EMS to come and extricate her. The woman in the Ranger was just flustered and the other woman in the Toyota just seemed concerned that she was now upside down."

Rowell Mansion finding new life in the hands of couple with Hollywood and Batavia ties

By Howard B. Owens

There's a bit of myth and mystery surrounding the couple that lives at 71 Ellicott Ave., Batavia.

There's a rumor that it's "the couple who starred in L.A. Law."

Not true. Hiram Kasten has appeared in dozen of TV shows, mostly sitcoms -- and one episode of L.A. Law -- but never starred in any of them. His wife, Diana, an alumna of Alexander High School, had a theater career but spent most of the couple's 25 years in California working in information technology.

And there's the assumption that they're millionaires. 

Not true. Kasten said the couple has the same financial struggles as any other middle-class family. One reason Diana bought a house in Batavia was real estate is so much more affordable here.

"It was time for us to stop living like Bohemians," she said.

And a lot of people assume that the couple only lives in the Rowell Mansion in the summer.

Once true. True no more.

In August, Hiram and Diana Kasten loaded up a trailer and moved from Los Angeles to the closest thing to a hill in Batavia. They now plan to make Genesee County their base of operations while Hiram continues his acting career in New York City.

"I like Batavia a lot," Diana said. "It’s a nice place to come back to at this point in my life."

When Hiram met Diana more than two decades ago, he was an up-and-coming comic on the New York-New Jersey circuit and she was a young actress whose career path had finally brought her to NYC.

Back then, most of the professional comics knew each other, Hiram said. It was before cable TV and the proliferation of part-time and wannabe stand-ups. It meant something then, Hiram said, to be a comic and the girls were always around.

His act was old school. He grew up with the likes of Alan King.

"I grew up watching Ed Sullivan," Hiram said. "A comedian should dress better than the audience. If he’s a Jewish guy, he should be a tough Jewish guy. He shouldn’t be a momma’s boy. He should be tanned. He should wear cufflinks."

After graduating from college with a performing arts degree, Kasten developed his stand-up routine, but he said he always had a quick mind and could ad lib if he needed to get a crowd's attention.

Kasten first met Jerry Seinfeld at a comedy club in New Jersey. It was a tough crowd, he said. Kasten was jeered and heckled, but he held his ground.

Seinfeld got up and just delivered his lines in his casual, soft-spoken way.

"I was doing like Milton Berle," Hiram said. "I would do anything, drop my pants, anything to get their attention, and then Jerry goes on. This was 1979. ... slowly the crowd quiets down. They’re turning to listen to him. He’s not raising his voice. They lower their voices. He had a self assurance. People say he took a little Scientology courses. I never asked him, but I’ve never known a more fascinating mind. I mean, I’ve seen it up close.

"So he got off stage," Hiram added, "and he says, he comes off and he says to me, that will be my second of five Johnnys."

Seinfeld was already planning his conquest of the Tonight Show (with Johnny Carson).

Both Hiram and Diana had made it to 30 without getting married before they met and found they made a good match.

"I came from a small city and he came from a big city, but our values were very much the same," Diana said. "He had a great family, all of these cousins who lived in the Bronx, and I had a lot of cousins that I grew up with on both sides of my family. We both valued family, and I don't just mean immediate family, but extended family."

Hiram said he and his wife don't always agree on everything, but they agree on the big things, the important things.

"It's funny, but marriage is obviously not a barrel of laughs," Hiram said. "The word 'fun' isn’t in the contract. Read at the contract. People are divorcing. We’re not having fun any more, they say. That’s not in the contract. It’s two souls. The rabbis said, it’s two souls that become one."

After they were married, Diana told Hiram that if he wanted a career in TV, he needed to move to Los Angeles.

"If I hadn’t gotten married I would have stayed in the exact same rent-control apartment in the Bronx, descended into alcoholism and an early death," Hiram said.

It didn't take long for Hiram to establish himself in Hollywood. Over the next 25 years, he appeared in more than 30 different television shows, including Seinfeld, Everybody Loves Raymond, Curb Your Enthusiasm, Saved by the Bell, Without a Trace and, yes, L.A. Law.

Hiram got one shot at co-starring in a sitcom. A pilot was produced, but CBS turned it down.

There's a blueprint for sitcom success in Hollywood, Hiram said, and he just never bothered to follow it.

Before Carson retired, it was all about appearing on the Tonight Show, and if Johnny liked you, he would call you over to his desk.

If that happened, the next morning your agent's phone would be ringing and offers for starring roles in new sitcoms would come rolling in.

Drew Carey, Hiram said, struggled for years, then put on the horn-rimmed glasses, the thin tie and the white shirt and did the Tonight Show. Johnny loved the act and Carey's career was made.

"I don’t live with any regrets," Hiram said. "I knew exactly what they were doing. It’s an art. It’s the creative arts. It’s like I’m Jackson Pollack and this guy’s doing still lifes. I like ad-lib comedy. I like the Shecky Greenes and the Don Rickles. We have an act, but we play off of that. I’ve never done the same show twice."

A sitcom star used to make $2 million an episode (those days are over, Hiram said, disrupted by webisodes and reality TV), and the Kastens would have had it made if Hiram had gotten just one starring role under his belt.

But even so, he said, some of the residual checks he gets can be quite handsome (and some miniscule -- he carries around in his wallet a residual check for one cent).

Asked for a single key memory from his time in Hollywood, Hiram said it was getting to know Jerry Lewis a bit. He demurred when asked if Lewis was a friend. He just said, "he knew my name."

"Once I wrote him a note," Hiram said, "and he called me. I was in my kitchen in Los Angeles. 'Hello, Hiram, it’s Jerry Lewis.' You know, he has that voice, and I saw him at 9-years-old in the moves. That was big thrill. I could barely speak. I thought, 'Oh, I wish my mother was alive so I could call her up and tell her, 'Jerry Lewis just called me.' "

As Hollywood shifted away from paying actors and creating reality show celebrities instead, and as Hiram turned 50, he started to think it was time for a change.

Little did he know in December of 2004, his wife was putting in an offer on the Rowell Mansion. She didn't tell him about her plans to buy the property from Terry Platt until it was almost a done deal.

"She made me a martini and said, 'We now own real estate,' " Hiram said.

It would be quaint to imagine a young Diana Kisiel going past the Rowell Mansion and saying quietly to herself, "someday I'm going to live here."

Nothing, she said, could be further from the truth. Her dream house was on Creek Road, around the corner from her parents. Her aunt lived there and she would have bought it in the early 2000s if it hadn't been sold first to a local minister.

Unlike many middle-class couples, the Kastens never took regular family vacations -- no weekends in Mexico, holidays in Aspen or trips to the Grand Canyon. Instead, when they had time off, they came to Batavia.

Hiram said they flew into Buffalo from Los Angeles at least two or three times a year.

Diana's father, Henry Kisiel, founded Pinnacle Manufacturing Company, Inc., in the 1970s for his wife, Lois Quartley Kisiel, and his three children, and today, his children share responsibility for the company. Diana is secretary, her brother, Kim, is president and brother, Kevin, is vice president. Many of Diana's extended family remain in Genesee County.

Lois Kisiel passed away two years ago.

On one trip home to see family, Diana learned that the Rowell Mansion was up for sale. With her dream home on Creek Road recently sold, she started to think about the Rowell as a possible vacation home. On the next trip, the house was still for sale, so the Kasten family took a look inside, but more as a sightseeing adventure than real estate consideration.

Diana decided that if it were still for sale when she returned in October, she would make an offer. It was, she did, and after some negotiating she learned she would close on the house Dec. 29.

That Christmas she announced the purchase to her family during a dinner at Sunny's Restaurant. Nobody, she said, believed her at first.

The Rowell Mansion was built in 1920 by E.N. Rowell, who opened a box making company in Batavia in 1888. Rowell is best known for killing the lover of his first wife in their home on Bank Street in 1893.

After shooting the naked man, Rowell told a neighbor, "I found this man in my house and I shot him. He had seduced my wife. I caught him in the act."

Rowell was charged with manslaughter and a jury found him not guilty. The case was a national sensation at the time.

The E.N. Rowell Box Factory grew into one of Batavia's largest industries and after Rowell's death in 1929, May Emke Rowell, his second wife, ran the business and lived in the mansion until her death in 1972. Their children had no interest in Batavia or the business, sold it, and the new owners closed it in 1980.

The Rowell Mansion passed through a few owners, at one point falling into a good deal of disrepair, until Diana Kasten acquired it in 2004.

She understands the home is a historical landmark, she said, and wants to see it restored to his former glory. While the exterior needs some masonry work, so far her efforts have been focused on the interior.

She's redone the electrical, removed or moved book cases that weren't original, repaired plaster and molding damage, and refurbished fixtures.

"This is all work that nobody sees so people think you're not doing anything, but that's where you're sinking the bulk of what you're doing," she said.

As part of her restoration goals, Diana is hoping there may be people in the area who have old photos of the house. She has had a particularly hard time -- she's search the library, county history office and Holland Land Office Museum -- finding pictures of the house when there was a wrought-iron fence in the front yard. She wants to restore it.

One of the "most exquisite" features of the interior, DIana said, is the Italian, Spanish and Portuguese tile flooring in nearly every room. The tiles are pressurized, not baked, and have a matte rather than glossy finish. Each room is accented with a different tile color.

"Over the years people really ruined it," she said. "They didn’t take care of it."

One former owner drilled holes through the tile in the foyer, she said.

Kasten hired an expert from Buffalo to clean it and lightly sand it to bring back the original look. She also has replacement tiles Rowell left in the basement.

"We've got three rooms done," Diana said. "It's terribly expensive, but the tile is really lovely."

Meanwhile, Hiram is working on getting work in New York City. If not for Superstorm Sandy, Hiram would have been in the city signing contracts with a new agent and new manager.

Hiram said he owes it to Diana to make a go of it on the East Coast. She's meant so much to his life and career.

Diana said she has a lot of confidence in her husband.

"You don’t make a living in this business and last and preserve in this business for 40 years unless you’re talented," Diana said. "He’s extremely talented. It's amazing how he can stand on stage make people laugh by just saying what comes into this head."

Black and white film photo of the Rowell Mansion by Howard Owens, October 2011.

Batavia doctor speaks on celiac disease and gluten intolerance

By Billie Owens

Gastroenterologist, Jeffrey Goldstein, MD, will discuss and answer questions related to celiac disease and gluten intolerance at a free community health talk sponsored by United Memorial Medical Center from 6:30 to 8 p.m. on Nov. 27.

This event will be held in the Healthy Living Classroom in Cary Hall, 211 E. Main St., Batavia.

Celiac disease is an autoimmune disorder triggered by the gluten protein, commonly found in wheat products. As many as two million Americans, or one in 133 people, are estimated to be affected by the illness.

Event Date and Time
-

Grand Jury Report: Convicted sex offender accused of not registering change of Internet access

By Howard B. Owens

The Grand Jury of Genesee County has issued the following indictments:

Kevin C. Johnson is indicted on a count of failure to register change of Internet access. Johnson, a convicted sex offender, is accused of not notifying authorities within 10 calendar days of a change in Internet access accounts.

James D. Ferguson is indicated on counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Ferguson is accused of driving drunk May 28 in Pembroke while having a revoked license due to a prior conviction in Buffalo in 2011 of driving while ability impaired.

Xzavier A. Davis is indicted on felony counts of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. Davis is accused of driving drunk May 13 in the Town of Darien. Davis has a prior DWI conviction in the Town of Cambria in 2012.

Shawn A. Johnson Jr., is indicted on four counts of criminal possession of a forged instrument, 1st. Johnson is accused of possessing forged $20 bills in the Town of Darien.

Robert L. Hizer is indicted on counts of felony DWI, aggravated felony DWI and robbery, 3rd. Hizer is accused of driving drunk June 23 in the Town of Le Roy while children under age 15 were in the vehicle. He is accused of, on that same date, stealing $138 and a pack of cigarettes from the Wilson Farms store at 13 Lake St., Le Roy.

Laszlo Szabo is indicted on counts of felony DWI and driving with a BAC of .18 or greater. Szabo is accused of driving drunk Sept. 23 in the Town of Le Roy. Szabo has a prior DWI conviction from 2005 in the Town of Greece.

City PD hires new animal control and parking enforcement officer

By Howard B. Owens

Drivers who illegally park in handicapped spaces, be warned: James Sheflin is on the job.

Sheflin started three weeks ago with Batavia PD as the city's new parking enforcement and dog control officer.

The part-time position was vacant for a few months before Sheflin's hire.

The 22-year-old Sheflin is from Le Roy, the son of a former Le Roy Fire Department chief, and is a part-time dispatcher for the Sheriff's Office.

Chief Shawn Heubusch said among the things he likes about Sheflin is that he will take on the job enthusiastically, but not over zealously.

Parking enforcement downtown is important, Heubusch said, but parking 30 minutes in a 15-minute zone is not the same as parking in a handicapped spot.

And Sheflin said that illegal parking in handicapped spots is one of his personal pet peeves.

"To me I think it’s just complete laziness when somebody who is not handicapped parks in one," Sheflin said. "That’s not acceptable to me. Those spots are there for a reason and you need a permit for a reason."

The job is a uniformed, civilian position in the department. Parking enforcement officers are responsible for patrolling the entire city limits and enforcing all parking regulations.

Part of the dog control officer's job is to ensure dogs in the city are licensed and to protect animals from inhumane treatment. The dog control officer enforces state, county and city ordinances.

Sheflin said he's a dog lover and isn't concerned about dealing with vicious dogs and wants to protect animals against mistreatment.

His ultimate goal is to become a police officer, ideally in the City of Batavia.

"It's good to get my foot in the door and prove to Chief Heubusch I can be a good employee," Sheflin said. "I figured if I come here, do a good job, it looks good on the resume, at least.”

Authentically Local