Le Roy

Christopher James Clark, 34, of Pearl Street, Batavia, is charged with petit larceny. Clark allegedly stole a knife at Walmart and then while inside the store allegedly used it to try and open packages containing drill bits. He tried to abandon the alleged stolen property under the vehicle in the parking lot when police arrived.

Carrie M. Capizzi, 30, of West Main Street, Batavia, is charged with felony DWI, aggravated unlicensed operation, 1st, driving without an interlock device and open container. Capizzi was stopped at 10:01 p.m. Thursday at 12 City Centre, Batavia, by Officer Chad Richards.

Kathleen E. Gonzalez, 52, of West Main Street Road, Batavia, is charged with petit larceny. Gonzalez is accused of stealing three packages of steak from Save-A-Lot in Batavia.

Lizbet D. Cramer, 37, of Lewis Place, Batavia, is charged with two counts of endangering the welfare of a child. Cramer allegedly left her 4- and her 15-year-olds unattended. The 4-year-old was allegedly abandoned at Austin Park for at least one hour before police were notified.

DaShawn A. Butler, 34, of Walnut Street, Batavia, is charged with harassment, 2nd. Butler allegedly issued a verbal threat of harm to another person.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with endangering the welfare of a child and forcible touching. Benz allegedly had inappropriate contact with a person under age 17 while at a playground at Jackson School at 4:33 p.m. on Aug. 11.

Nefetiria L. Turner, 32, of South Main Street, Batavia, was arrested on three warrants for alleged failure to appear on charges of unreasonable noise charge, aggravated unlicensed operation and harassment, 2nd. Turner posted cash bail and was released.

Deavin Herman, 20, of South Main Street, Batavia, is charged with petit larceny. Herman allegedly stole a bicycle from a location on Walnut Street.

Shane Zimblis, 43, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Zimblis was allegedly found in possession of marijuana during a warrant arrest.

Scott Allen Cratsley, 43, of Oak Street, Batavia, is charged with dog running at large. Cratsley's dog was allegedly seen running at large by Officer James Defreze and Sgt. Dan Coffey. That breed of dog, a St. Bernard, has allegedly been seen running at large several times previously.

Alexander L. Jordan, 19, of Pine Terrace, Macedon, was arrested on a warrant for alleged failure to appear on a third-degree menacing charge. Jordan posted $500 police bail and was released.

Michael S. Garrett, 23, of Washington Avenue, Batavia, turned himself in on a warrant for alleged failure to appear on a parking on city streets ticket issued March 18.

Forrest Ansel, 24, of Cone Street, Batavia, is charged with petit larceny and criminal contempt. Ansel allegedly went to the residence of a protected person. He allegedly stole property of that person.

Lawrence William Worsley, 34, of Presbyterian Street, Knowlesville, is charged with disorderly conduct. Worsley allegedly became verbally and physically abusive while at the Viper ride at Darien Lake Theme Park at 6:20 p.m., Sunday.

Jared Lewis Long, 44, of Clinton Street Road, Stafford, is charged with unauthorized use of a motor vehicle. Long allegedly took the Chevrolet Equinox of his girlfriend without her permission. The vehicle was returned to the residence and Long was ordered to stay away from the residence. He was later found by Sheriff's K-9 in a field behind the residence. 

Jessica Lynn Hill, 29, of Leonard Street, Mattydale, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right of way and license restriction violation. Hill was stopped at 10:45 p.m. Thursday on West Main Road, Batavia, by Deputy James Diehl.

William Allen Roll, 54, of Clinton Street, Attica, is charged with harassment, 2nd. Roll allegedly punched another person in the face at 3:54 a.m. Saturday while at an apartment on West Main Street Road, Batavia. Roll was jailed on $500 bail.

Karen A. Lemaster, 54, of Batavia, is charged with driving while impaired by drugs, 1st. Lemaster was stopped at 4:30 p.m. Saturday on Ohio Street, Village of Medina, by State Police.

Rhonda L. Reisman, 42, of Batavia, is charged with DWI and driving with a BAC of .08 or higher. Reisman was stopped at 2:35 a.m. Sunday on Route 33, Stafford, by State Police.

Brian C. Reynolds, 33, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Reynolds was stopped at 11:32 p.m. Thursday on Route 20, Alexander, by State Police.

Erica A. Cook, 26, of Webster, is charged with DWI and driving with a BAC of .08 or greater. Cook was stopped at 11:45 p.m. Thursday on Route 20, Alexander, by State Police.

Zachary W. Plath, 21, of Le Roy, is charged with DWI and driving with a BAC of .08. Plath was stopped at 12:20 a.m. Friday on Route 20, Alexander, by State Police.

He said it last year. Frost Ridge is a special place. Phil Vassar, a singer-songwriter with more than 10 Top 10 hits to his credit, said it again this year.

"It's very homey," Vassar said in an interview before his show Saturday night. "Everybody is so nice. You're just hanging out. We talk, even during the year, we look forward to seeing you guys come back, we talk and text each other. So it's fun. You get to hang out with your friends and play music.  There's nothing better than that. It's not like going to some venue where you just go in. It's got real character and real people. I love it."

Vassar loves it so much, he asked to come back this year.

Just a month ago, it didn't seem like Vassar's show this year would even be possible. Frost Ridge was locked down as a live music venue by a court order stemming from lawsuits filed by the Town of Le Roy and a pair of neighboring property owners.

As the lawsuits wind through the hearing process, taking longer than expected, Judge Robert C. Noonan lifted his ban on live music for a show last week and Saturday's Vassar concert.

The suits allege live music isn't allowed at the campground -- and even question the legality of the campsites themselves, while owners Greg and David Luetticke-Archbell and their lawyer contend that all of the current activities are grandfathered in, or are "prior, nonconforming uses."

Vassar takes a pretty straightforward view for the lawsuits, calling the controversy, "very silly."

"You have a lot of people who really want something and just a small number of people who don't," Vassar said. "I don't know about government, but it seems like to me it's by the people, for the people, all right. It's pretty simple. It seems like if you've got a majority who want something and it's a great thing. I don't understand it.  

"It's not like it's an every night deal," Vassar added. "It's a real special place. It's a special place to play music. You just kind of hope that everybody just kind of lets it go and has some fun. You know, people are stiff. I hate it. I hate it. I'm over it. People just need to get a life."

Through three sets of music -- the Kentucky Moonshiners, the Morgan Twins and Vassar -- several hundred music fans did have a life. And it was a party, especially with Vassar on stage making sure everybody had a good time.

The Morgan Twins are from Rochester and have appeared on such shows as The Voice and American Idol.

While Vassar was still on stage performing, a check of the sound level at Oatka Trail and Conlon Road, near the homes of plaintiffs -- the Cleere and Collins families -- found that once again, the crickets were louder than the music.

The next scheduled show at The Ridge, if it's allowed to proceed, is the Marshall Tucker Band, Sept. 6.

A fan brought in a homemade cake during the meet and greet with VIP patrons before the show.

Bottom photo: by Peggy Barringer. David, in red, and Greg, joined Vasar, along with the Morgan Twins, on stage for the show's final number, a sing-along of "Piano Man."

A Le Roy resident already facing a felony charge for allegedly forcing a sexual act on a woman who was physically helpless has been arrested on a rape charge involving another woman.

Michael J. Stack Jr., 37, of 7450 Randall Road, was arrested by Le Roy PD and charged with first-degree rape.

Stack was arrested July 23 and charged with criminal sexual act, 1st, for allegedly having oral sex with a victim by forcible compulsion while the woman was physically helpless.

After the investigation into that allegation, another woman came forward and said she was raped.

Stack was jailed on new charge on $10,000 bail.

Two witnesses in a hearing related to the Frost Ridge lawsuits testified today that a key document was filed with the Town of Le Roy months before an April 8 statute of limitations date that is part of the dispute over live music at the campground.

It's all more complicated than even that convoluted sentence, however.

The hearing wasn't even completed today. Judge Robert C. Noonan was scheduled to hear a case in Rochester at 2 p.m. and with at least one more witness scheduled to be called, continued the hearing to 10:15 a.m., Tuesday.

Before adjourning, Noonan continued the stay of his temporary restraining order barring live music at Frost Ridge, which means that the Phil Vassar concert scheduled for Saturday will go on as planned.

The concert is a fundraiser for the Golisano Children's Hospital.

Vassar has said Frost Ridge is one of his favorite places to play and asked to be included in this season's line-up.

The hearing was limited to two motions under consideration by Noonan: 

• Whether the statute of limitations for challenging a ZBA determination that nonconforming uses at Frost Ridge, contrary to current zoning law, were "grandfathered in," and,
• Whether there is what is known as a "jurisdictional defect" in the ZBA's determination.

The key document relevant to the statute of limitations motions is the Zoning Board of Appeals minutes from its Sept. 25, 2013 meeting.

At dispute is whether the minutes were filed with the town before April 8. 

If the minutes were filed before April 8, that would mean one of both lawsuits were filed after the statutory period for challenging a zoning board's determinations.

But, did the ZBA under the circumstances of Sept. 25 have the authority to make that determination, which is something the attorney for the Cleere/Collins side of the suit is challenging.

Noonan's eventual ruling on these motions could either allow one or both lawsuits against Frost Ridge to go forward, and perhaps to trial, or determine whether one or both will be dismissed. 

Frost Ridge and the campground's owners Greg and David Luetticke-Archbell are being sued by the Town of Le Roy and Frost Ridge neighbors, the families of Cleere and Collins (who are related to the original Frost Ridge owners). Cleere/Collins is also suing the ZBA.

First to testify was Town Clerk Patricia Canfield.

There is much about when the minutes were first publicly available that Canfield can't remember.

She testified that as standard and permissible procedure, the ZBA minutes are kept in a file in the office of Jeff Steinbrenner, zoning and code enforcement officer for the Town of Le Roy.

She couldn't recall with certainty when she first had reason to retrieve the Sept. 25 minutes from the file, but said they were requested more than once through various Freedom of Information Requests, including requests by Marny Cleere.

Canfield said Cleere filed more than five FOIL requests, but not more than 10, and she couldn't remember if the one requesting ZBA minutes came in 2013 or 2014.

She couldn't remember if any of the other FOIL requests for the minutes came in 2013.

Under questioning from Noonan, Canfield said most FOIL requests are written, though she accepts verbal requests. Written requests are kept on file, she said, but there was no indication that any written FOIL requests were in court today.

As for the ZBA hearing itself, Canfield testified that if there was a public notice published of a meeting to discuss Frost Ridge's non-conforming use, she would have known about it, and she said she was unaware of any such publication.

David Roach, the Frost Ridge attorney, also called Steinbrenner as an "adverse witness."

Steinbrenner was also questioned by attorney Karl Essler, representing the ZBA.

Under questioning from Essler, Steinbrenner said that once the minutes from a meeting were approved at a subsequent meeting, he would place those minutes in his file.

He agreed that the Sept. 25 minutes were approved by the ZBA board at its Oct. 22 meeting and that he probably filed the minutes that night or the next morning.

As for the meaning of the minutes, Steinbrenner danced around the issue, often skirting direct questions.

He said he didn't recall live music being discussed as a prior nonconforming use at the Sept. 25 meeting.

Roach and Steinbrenner wrangled over the course of several questions whether an e-mail Steinbrenner sent to Frost Ridge in August 2013 was meant to put them on notice that a long list of alleged zoning violations included live music.

Mindy Zoghlin, attorney for Cleere Collins, when cross-examining Steinbrenner, read off a list of alleged zoning violations related to roadways and the placement and setbacks of campsites. 

While never explicitly stated, the clear implication of the line of questioning is an attempt by the plaintiff's side to establish that the ZBA ruling, if valid, was limited to land use issues and the ZBA didn't at all consider, nor was it asked to consider, whether live music is grandfathered in.

"When we first started with Frost Ridge about this, we saw two aspects to it," Steinbrenner said. "There was a need for special use permit for the campsites and one for concerts. At the time, we decided to go after the campground sites at Frost Ridge and the go after the concerts once they were up to compliance and in code."

Steinbrenner's August e-mail twice uses the word "etc." when referring to the alleged zoning violations.

When Roach would ask in various ways whether "etc." includes live music, Steinbrenner repeatedly deflected the question by staying he was merely forwarding what Town Supervisor Steve Barbeau had said was discussed at a prior town board meeting (which Steinbrenner didn't attend).

Under questioning from Roach, Steinbrenner admitted that he had verbally told David and Greg that live music shows were a possible zoning violation.

The third and final person to testify today was Debra Jackett, chairwoman of the ZBA.

Jackett testified that the board approved its minutes from the Sept. 25 meeting at its Oct. 22 meeting and that Steinbrenner received a copy of the minutes at that time, and she considered them filed with the town at that time.

Zoghlin asked several questions related to public notification of hearings and filing of notices and Jackett answered each time that it wasn't the board's job to deal with notices and outside communications.

"Our only job is to show up at meetings and make decisions," she said.

Over the repeated objections of Roach (each overruled by Noonan), Zoghlin kept asking about what happened at a ZBA meeting in 1998. 

Jackett was a member of the board in 1998, when the ZBA issued a determination that Frost Ridge was grandfathered in as a campground, even though it was an agriculture/residential area.

The meeting was 16 years ago, Jackett said, and she couldn't remember specifics about the meeting, but Zoghlin persisted.

"If you're going to ask me what I said 16 years ago, I'm going to tell you, I don't recall," Jackett said at one point.

Roach objected to the line of questioning because it's his contention that what happened at the meeting in 1998 isn't material to the plaintiff's motion that the ZBA decision of 2013 suffers from a "jurisdictional defect."

Another ZBA board member is expected to testify Tuesday. Noonan's ruling on the motions will come some time later.

Laura Anne Costa, 20, of Jewett Parkway, Buffalo, is charged with criminal impersonation, 2nd, and criminal possession of stolen property, 5th. Costa allegedly used another person's lost NYS driver's license as identification while being arrested on a trespass charged during a concert at Darien Lake on Aug. 16. The other person was subsequently identified in a news release as a person arrested at the concert, leading to the discovery of the alleged criminal impersonation.

Kodey R. Mills, 21, of Myrtle Street, Le Roy, is charged with unlawful possession of marijuana. Mills was stopped by Le Roy PD on Monday and allegedly found in possession of marijuana.

Robert Holland Cokely, 26, of Merrill Road, Byron, is charged with DWI, refusal to take breath test, speeding, driving left of pavement markings and no/inadequate plate lamp. Cokely was stopped at 11:32 p.m. Wednesday on East Main Street, Byron, by Deputy Joseph Corona.

Scott R. Booth Jr., 23, of Attica, is charged with petit larceny. Booth is accused of shoplifting from Walmart.

Andrea Baccas, 19, and Nellisia Pryce, 20, both of Jamaica, are charged with petit larceny. Baccas and Pryce are accused of shoplifting from Walmart. Both were jailed on $250 cash bail or $500 bond each.

Rebecca J. Cornell, 39, of Sand Hill Road, Caledonia, is charged with petit larceny. Cornell is accused of stealing clothing items from a store in the Village of Le Roy. Surveillance video was used to identify the suspect vehicle and the suspect and make an arrest.

There's a few story lines we could take with Le Roy football for the 2014 season.

The return of starters Mike McMullen at QB and Ryan McQuillen at receiver. A team coming off a 7-1 season but a need to avenge a disappointing OT loss in the Class C sectional final. The expectations on a team with a storied tradition that has a lot of tools, but will be relying on young offensive and defensive lines.

And then there is the final season of Head Coach Brian Moran, in search of his 200th victory, a possible 14th sectional title and -- dare we say it -- a second state title in 26 years at the helm.

The story line Moran has the least interest in, his final season.

"We don't really worry about the final year," Moran said. "We just come out and prepare these kids as best we can. Whether it's your first year or last year, we just want to focus and coach kids up best we can."

Starting with McMullen and McQuillen, the Oatkan-Knights do have some key starters returning, and all of them are guys that are in their third or fourth years on varsity, such as Jon Pierce, Jake Henry, Tom Kelso, Nick Egeling and Kody Lamkin.

That's a lot of talent on a team that we know will be well coached. Is it unfair to have high expectations?

Moran won't go there.

"Every year you come in, you expect to be successful," Moran said. "That's the first thing. Hopefully, we can get ourselves better and compete for a championship again. That will be interesting to see, but it will be up to how the kids perform and how they work together."

Much will depend on the big men up front.

"We're a little inexperienced up front and you're only as good as you play offensively and defensively on the line," Moran said. "Those kids are going to have to really focus and get themselves ready."

One thing's for sure, if history is any indication, Moran and his staff will do everything they can to prepare this team to compete at a high level. Coach's last year, or not.

A fully involved pickup truck fire is reported at Selden Road and Route 19. Town of Le Roy fire is responding.

UPDATE 1:56 p.m.: Le Roy ambulance is called to the scene to aid a firefighter with a possible head injury.

Philip L. Adams, 34, of 6580 Randall Road, Le Roy, is charged with stalking, 1st, criminal possession of a weapon, 3rd, assault, 2nd, aggravated family offense and assault, 3rd. Adams was arrested following an investigation into complaints by a former live-in girlfriend that between December 2013 and May 2014 that Adams abused her. Adams allegedly pushed her onto hard pavement causing an injury (bruising on her arm), struck her in the face with a detachable shower head causing injury (bruising around her eye), sprayed her with a flammable liquid and threatened to light her on fire, and threatened to stick a lit cigarette in her eye. Adams was jailed on $10,000 bail.

Jennifer A. Wilsey, 34, of Canastota, is charged with criminal impersonation, aggravated unlicensed operation, 3rd, and uninspected motor vehicle. Wilsey is accused of providing troopers with a wrong name and date of birth during a traffic stop on Route 77, Pembroke. Wilsey reportedly believed there may have been a warrant for her arrest. She was jailed on $2,500 bail.

Daniel E. Gorrow, 19, of Gilbert Street, Le Roy, is charged with unlawful possession of marijuana. Gorrow was charged following a traffic stop by Le Roy PD.

Taylor D. Saulsbury, 19, of Lake Street, Le Roy, and Henri E. Wilcox, 29, of North Main Street, Warsaw, are charged with unlawful possession of marijuana. Saulsbury and Wilcox were charged following a traffic stop by Le Roy PD.

James Michael Gallo, 24, of Coshway Place, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Gallo was arrested by Deputy Joseph Corona following an investigation into an altercation reported at 12:16 a.m. Sunday at 9993 Alleghany Road, Darien.

Steven Richard Lebo, 31, of Quincy Alley, Kearny, N.J., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and moving from lane unsafely. Lebo was arrested by Deputy Joseph Corona following a report at 9:48 p.m. Saturday of a vehicle that left the roadway at 9993 Alleghany Road, Darien.

Nancy Alice Shruefer, 52, of Clover Place, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Shruefer was found in a disabled vehicle on Route 77 near Darien Lake at 1:10 a.m. Sunday by Deputy Andrew Hale.

Melissa Grace Betances, 33, of Clinton Street, Batavia, is charged with a violation of probation. Betances was jailed on $15,000 bail.

Caitlin A. Hanley, 25, of East Main Street, Batavia, is charged with endangering the welfare of a child. Hanley is accused of being involved in a domestic incident on Aug. 9.

Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia, is charged with criminal possession of a weapon, 4th. Following an investigation into firearms that were turned into Batavia PD, Gonzalez was charged with illegal possession of firearms.

Randy Gene Leach II, 28, of Torrey Road, Stafford, is charged with failure to pay fine. Leach was arrested on a warrant. He posted $250 bail and was released.

Laura C. Mazenga, 21, of Malling Drive, Rochester, is charged with trespass, petit larceny, resisting arrest and criminal possession of stolen property, 5th. Mazenga was allegedly seen rummaging through a vehicle on Woodrow Road at 2:26 a.m. Friday. When police approached, she allegedly fled and resisted arrest. She allegedly possessed property stolen from the vehicle.

Saturday evening was the 2nd Annual Light the Knight 5K at Le Roy High School. There was a big turnout for the fundraiser, with the proceeds this year going to the Deputy Frank Bordonaro family.

Connor Hayward had the best 5K time at 18:08. The top female was Anna Warner at 22:00.

Today, Frost Ridge hosts its annual fundraiser for the Le Roy Fire Department. 

The event goes until 4:30 p.m.

Just now, they're setting up dual water slides.

The ladder truck rides, however, are over.

There's a basket raffle and food.

Fourty-eight golfers turned out today at the Le Roy Country Club for the 2nd Annual Andrea Lynn Mangefrida Memorial Fund Golf Tournament to benefit Stepping Stones Learning Center. 

Stepping Stones is a center for children with autism.

Andrea Lynn Mangefrida was 3 years old when she drowned in a swimming pool mishap in 2011.

Following the tournament, there will be a basket raffle and dinner with as many as 150 people attending.

Above, Jason Saile, James Sheflin, Darryl Streeter and Mike Sheflin, who are looking to defend their title from last year.

Shannon H. Dick, 33, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, failure to keep right on a bicycle while in the roadway and failure to stop before entering a roadway on a bicycle. Dick was observed by Officer Jason Davis allegedly operating her bicycle in an unsafe manner and acting suspicious while leaving a residence on State Street.

Andrew J. Paladino, 35, of Shelter Street, Rochester, was taken into a custody on a warrant out of Family Court. Paladino was jailed on $2,500 bail.

Allen W. Gray, 34, of Oak Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and criminal contempt, 1st. Gray is accused of grabbing a person by the shirt, shoving him and knocking him off his bike. The victim's shirt was stretched, a necklace was broken and his right knee scratched. Gray is under court order to stay away from the alleged victim.

Tyrone L. Doward Jr., 24, of East Avenue, Lockport, is charged with criminal trespass, 2nd. Doward was arrested after an investigation of a person climbing through the window of an occupied apartment. Doward was reportedly unknown to the occupant. 

Eric C. Smith, 26, of Bank Street, Batavia, was arrested on a pair of warrants for alleged improper parking. Smith was located while police were on an unrelated complaint. He's accused of parking on city streets between 2 and 6 a.m.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Benz was located at a residence on Jackson Street allegedly in possession of marijuana.

Diana Lynn Bloom, 56, of State Street, Batavia, is charged with harassment, 2nd. Bloom is accused of hitting another woman while in a vehicle on Bank Street.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas turned herself in at Batavia PD.

Ernest Robert Saari, 32, of Alleghany Road, Attica, is charged with speeding, aggravated unlicensed operation, 2nd, and unregistered trailer. Saari was stopped by Officer Nedim Catovic on East Main Street, Batavia, for allegedly driving 45 mph in a 30 mph zone. He was jailed on $500 bail.

Robert W. Plantiko, 39, of Thorpe Street, Batavia, is charged with petit larceny. Plantiko is accused of stealing a box of garbage bags from Kwik Fill at 99 Jackson St., Batavia.

Joseph T. Burr, 21, of Oak Orchard Road, Elba, was arrested on a warrant out of City Court. The warrant was for driving an uninspected motor vehicle. Burr posted $100 police bail and was released.

Juliann Thomas, 51, of Chili Avenue, Rochester, is charged with DWI, refusal to take breath test, moved from lane unsafely and failure to stop for stop sign. Thomas was stopped at 1:48 a.m. Saturday on Clinton Street, Batavia, by Officer Darryle Streeter.

Harry T. Gibson, 50, of Batavia, is charged with DWI and aggravated unlicensed operation. State Police out of Warsaw responded to a report of a disabled vehicle on Route 98 in the Town of Java. Gibson was allegedly found behind the wheel and failed field sobriety tests. He was later found to have a BAC of .10 based on a breath test. He was jailed on $2,500 bail.

Dawn K. Cochran, 44, of Le Roy, is charged with DWI. Cochran was stopped at 5:55 p.m. Sunday in the Town of Pavilion, by State Police.

(name redacted upon request), 39, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. xxxx was stopped at 9:17 p.m. Friday on Route 33, Stafford, by State Police.

Matthew C. Moy, 21, of Holley, is charged with DWI and driving with a BAC of .08 or greater. Moy was stopped at 9:35 p.m. Friday on Route 262 in Byron by State Police.

Residents of a development known as Presidential Acres in Le Roy and their neighbor Pete McQuillen are still scrapping over home building in the area.

In 2012, McQuillen had plans thwarted by a lawsuit to build a group of single-family homes for people 55 and older on 12 acres he owns off Robbins Road.

Now, McQuillen is one of nine defendants in a lawsuit brought by 12 homeowners in Presidential Acres.

The suit alleges that duplexes being built by McQuillen violate village zoning law and were improperly approved by the Village and the Zoning Board of Appeals. 

If the suit is successful, it could mean McQuillen would have to remove the buildings already completed and occupied.

The plaintiffs also alleged that the ZBA, as a hybrid body serving both the Village and Town of Le Roy, is an illegal entity that should be abolished. The village, the suit contends, should have its own ZBA.

After an initial hearing last week, Judge Robert C. Noonan issued a stay on any further development of duplexes, but primarily because the defendants didn't oppose the stay on one lot in particular and any lots not yet planned for development.

Preliminary injunctions in lawsuits are usually only granted in cases where a judge deems the plaintiffs are likely to prevail on the merits of their case. 

"The Village's opposition and relatively complex zoning history of the subdivision, petitioners likelihood of success is by no means clear," Noonan wrote in his decision.

The plaintiffs in the case are Randolf Bartz, Jane Bickett, Candace Bower, David Boyce, Robert Boyce, Elizabeth Boyce, Joseph Condidorio, John Green, Joseph McKay, Stephen Moulton and Ronald Paganin.

The defendants are the Village of Le Roy, the Zoning Board of Appeals, Jeffrey Steinbrenner (code enforcement officer), Daniel Lang (code enforcement officer), John Gillard, Duzmor Painting, Inc., Circular Hill, Inc., Peter McQuillen, Judith McQuillen and John Does.

In 2012, McQuillen lost a lawsuit brought by Boyce and Town Supervisor Steve Barbeau, who both have properties adjacent to a 12-acre parcel where McQuillen planned to build homes for people 55 and older.

Boyce and Barbeau prevailed in that suit, which also named the village as a defendant, and that development was halted.

Subsequently, McQuillen started building duplexes on property off Filmore Drive, an -- at the time -- unfinished street connecting Presidential Acres with Robbins Road.

During this time period in 2013, McQuillen built a barn near the property line of Barbeau's residence.

Barbeau and other Presidential Acres residents challenged the legality of the barn, but after McQuillen requested a permit to built a house on the same property, the ZBA allowed the barn to stand.

The new lawsuit challenges that ZBA determination and seeks to have the barn removed.

In August of 2013, Barbeau confronted McQuillen over activity adjacent to Barbeau's residence. Barbeau allegedly pushed McQuillen and was later arrested. That criminal case is still pending.

(Previously: Barbeau and McQuillen feud building for months)

The main point of contention in the new suit (we'll call it the Bartz suit, after the first name listed on the Plaintiff's side) is that one side claims Presidential Acres is zoned R-1, meaning only single-family residents and other side claims that when the subdivision was created, it was planned to contain at least 10 duplexes.

McQuillen's construction of duplexes has been based on his belief, and approvals have been granted by the village and the ZBA, that Presidential Acres can have up to 10 duplexes in the subdivision.

The Presidential Acres subdivision was approved by the village in January 1989, with up to 10 duplexes permitted. 

It's the contention that development of the subdivision was suspended in 1999 and there were no plans at that time for duplexes.

A new zoning law that made the entirety of the village R-1 was enacted in August 1990. 

The plaintiff's contend, then, that the subdivision as once approved is no longer in effect and current zoning law makes all property in the neighborhood eligible for only single-family home development.

The ZBA issued a determination in June that the subdivision rules still apply to development within the Presidential Acres area.

In his own affidavit, Lang, a code enforcement officer with the Town of Batavia, who is part of a shared services agreement with Le Roy, states that if Presidential Acres is indeed R-1 and not a subdivision, several of the plaintiff's homes are out of compliance with zoning because their frontage doesn't conform to R-1 zoning.

Lang said he believes the subdivision rules still apply and the duplexes are permitted.

It will be matter for further court proceedings to determine which side is interpreting Le Roy's conflicting zoning rules correctly.

To say Blackberry Smoke rocked the house Saturday night at Frost Ridge might be misconstrued.

There are no reports of windows rattling in the homes of Frost Ridge neighbors.

In fact, a deputy assigned to monitor the decibel levels at Conlon Road and Oatka Trail Road said the noise level never went much above 60 decibels, well below the threshold of 100 set by Judge Robert C. Noonan when he issued an order a few days ago allowing the concert to take place.

The fact is, at the corner of Conlon and Oatka Trail, through most of Blackberry Smoke's set, the crickets were louder than the music.

Blackberry Smoke is billed as an up-and-coming, soon-to-be-big-stars Southern rock/outlaw country band, and if fame is measured by only a few hundred die-hard, rambunctious fans, Blackberry Smoke has already hit the big time.

They did rock the house and the fans raised the roof.

The band is Charlie Starr (lead vocals, guitar), Richard Turner (bass, vocals), Brit Turner (drums), Paul Jackson (guitar, vocals), and Brandon Still (keyboards).

A five-piece combo can make a lot of noise, and inside the Frost Ridge amphitheater at stage level, the band seemed no less loud than their show in the same venue a year ago.

A sound engineer familiar with the venue predicted before the show that the hill between Frost Ridge and the homes of Cleere and Collins (the two plaintiffs in one of the lawsuits against Frost Ridge) would absorb all of the treble and mid-range of the music, while bass tones would bend some and carry over the hill.

The crickets, he said, would be louder.

That certainly seemed to be the case.

In their lawsuit against Frost Ridge, the Cleeres have claimed that they can't sit outside their home on concert nights, the noise is so loud, and that when they try to go inside and close the windows, the walls shake because of the noise.

The Town of Le Roy is pursuing a parallel suit against Frost Ridge.

Both suits allege that live music at Frost Ridge violates local zoning laws, even though the campgrounds owners, Greg and David Luetticke-Archbell, received a previous ruling from the Zoning Board of Appeals that the use is an allowable, prior nonconforming use (grandfathered in).

While the Town of Le Roy is not suing the ZBA, the town board does not agree with that ruling, or does not find it valid. The Cleeres and Collins suit names the ZBA as a co-defendant. 

Delays in the process have prevented a hearing on whether the ZBA decision was filed with the town clerk prior to April 6. That hearing will be held Aug. 21. If it's determined that ZBA decision was filed prior to April 6, it could invalidate the the lawsuits against Frost Ridge on statute of limitations grounds.

Because of the delay of the hearing and the financial toll to Frost Ridge with five previous shows cancelled by court order, Noonan lifted the restraining order for the Blackberry Smoke concert, but barred alcohol sales.

The next scheduled show is at The Ridge NY is Phil Vassar and the Morgan Twins, Aug. 23.

The slide show below also includes photos of Chris Weaver Band, one of Saturday's opening acts.

AUDIO: A recording taken during the concert last night at the corner of Conlon and Oatka Trail (mp3).

A seat front-and-center for the Blackberry Smoke set was auctioned off and $375 was raised for the Le Roy Fire Department. 

The decibel reader employed by a deputy to monitor noise levels at Conlon and Oatka Trail roads.

A caller reported her car stolen. A Le Roy officer responded to take a report and investigate. He requested a "be on the lookout for" to other units.

A few minutes later, the woman called back and apparently told dispatchers, "You know what, now that I think about it, I think I left the car at Scooter's last night."

The officer responded to Scooter's. The car is parked at Scooter's.

Must have been a wild night.

The owners of Frost Ridge Campground have been told Judge Robert C. Noonan has lifted his court order barring live, amplified music at the campground, at least for this weekend.

The band Blackberry Smoke headlines Sunday Saturday.

At a hearing last week, David Roach, attorney for Frost Ridge, told Noonan that if the order wasn't lifted in time for this weekend's show, Frost Ridge was facing insolvency. 

David Luetticke-Archbell, co-owner of Frost Ridge, called The Batavian a short time ago to share the news. We're still awaiting a copy of the order.

Frost Ridge will still be barred by the original court order from selling alcohol, but that doesn't mean patrons can't bring their own beverages.

The temporary suspension of the temporary order baring amplified music at Frost Ridge comes as court proceedings in a pair of civil suits against the campground have bogged down.

Two neighboring residents, the Cleere and Collins families, along with the Town of Le Roy, are suing David and Greg Luetticke-Archbell alleging that the campground as a whole and live music and alcohol sales in particular, are not permitted under current zoning.

David and Greg contend that those uses are grandfathered in by the property's prior zoning and they have two Zoning Board of Appeals rulings that support such a claim.

The Cleere and Collins' suits challenge the ZBA's 2013 determination, and here's where the case has bogged down: If it's proven that the ZBA's 2013 determination was filed with the town clerk more than 30 days before Cleere and Collins filed their suit, it could mean their complaint could be thrown out of court. Attorneys and the court have been unable so far to hold a hearing on that point

Since the hearing can't be scheduled now until the end of the month, Roach sought for his clients, permission from the court for the concert this weekend.

Sara E. Schimley, 24, a Le Roy native now living in Buffalo without a permanent address, was arrested July 28 by Le Roy police on a bench warrant out of Le Roy Town Court for failure to appear on two charges: first-degree felony burglary; and criminal possession of a weapon, 3rd. In addition, Le Roy police charged her with bail jumping, 2nd, a Class E felony, for allegedly failing to appear in court within 30 days of her last scheduled appearance on the original burglary and weapons charges. Buffalo PD located her and turned her over to Le Roy PD. She was jailed in lieu of $5,000 bail. Le Roy PD officer John Condidorio handled the case.

Nicole Lyn Kulzer, 33, of Swamp Road, Byron, is charged with endangering the welfare of a child and second-degree harassment. On July, 30, Kulzer was arrested following an investigation into an incident wherein she allegedly disciplined a child by striking the child with a plastic golf club, causing swelling and redness in the area where hit. The case was investigated by Sheriff's deputy Joseph Graff.

Jennifer Ann Stiles, 31, of Sheppard Road, Pavilion, is charged with reckless endangerment, 1st, menacing, 2nd, and conspiracy, 5th, following an incident July 25 in Byron. It is alleged that she was involved in a dispute and discharged a firearm during the conflict. The case was investigated by Sheriff's deputy Joseph Corona.

Brandon Marshall Weig, 26, of West Main Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction within the previous five years. He allegedly violated a court order barring him from having any contact whatsoever with the protected party. Weig is currently in county jail on a similar offense and was issued an appearance ticket on the new charge. He is scheduled to appear in City Court on Aug. 5. The case was investigated by officer Chad Richards.

Nicholas Alexander Verhoef, 18, of Spencer Road, Rochester, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under age 21. Sheriff's deputies made the arrest after he was stopped for alleged violations of vehicle and traffic law. Verhauf was also alleged to have been drinking alcohol inside his vehicle when he was stopped. The case was investigated by Sheriff's deputy Joseph Corona.

Joseph William McNamara, 19, of Sand Pebble Drive, Rochester, is charged with criminal impersonation, 2nd, and unlawful possession of alcohol by a person under age 21. It is alleged that on Aug. 2 in Pavilion he used the NY ID of another person to unlawfully buy alcohol and to possess it while being under age. Also, McNamara was cited for no front license place and open alcoholic beverage inside a motor vehicle. The case was investigated by Sheriff's deputy Joseph Corona.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and failure to stop at stop sign. It is alleged that on July 29 she failed to stop at a stop sign and a traffic stop was made, whereupon a Sheriff's deputy allegedly found her in possession of marijuana and a suspended driver's license. The case was investigated by deputy Joseph Corona.

Thomas J. Mitchell, 25, of West Center Street, Medina, is charged with petit larceny and criminal mischief, 4th. He was arrested in Erie County by Batavia PD on warrants issued by City Court. He was jailed in lieu of $250 bail. He is set to appear back in court Aug. 7. The case was investigated by officer Jason Davis.

Scott Alexander Lawrence, 23, of Griswold Road, Darien, is charged with unlawful possession of marijuana. Lawrence was a passenger in a vehicle on July 29 when the vehicle was stopped by Sheriff's deputies for vehicle and traffic violations and at that time he allegedly possessed marijuana. The case was investigated by Joseph Corona.

Press release:

The Ridge NY (formally Frost Ridge Campground) is hosting its first Community Fun Day on Saturday, Aug. 2, from noon to 10 p.m.

It's FREE!

There will be activities for all ages with the following events scheduled:

• Noon until 3 p.m. -- NAZCAR -- Decorate a racing car made from cardboard and see who wins the big race
• 3 to 5:30 p.m. -- Slippery Slope -- Big fun on the 300-foot-long slippery slide. All ages love this event. Bring your swimsuit and a towel.
• 6 p.m. -- Dinner. Bring a dish to pass. Hamburgers and hot dogs available, too.
• 7 p.m. -- Open Air Dancing. Dance until the stars come out!
• 9:30 p.m. -- Nighttime Glow Stick Wagon Rides

Come out and have some fun with your neighbors and friends!

Statement:

A joint statement issued by the Presidents of the Le Roy Fire Department, Inc., and the Le Roy Fireman's Benevolent Association

 "We are both shocked and saddened by the news of the alleged larceny by the Treasurer of the Department and the Association. Both the Department and the Association have been cooperating with the authorities including the Office of the New York State Comptroller and the Le Roy Police Department during this investigation. Our respective organizations would like to apologize to the residents of our fire community, and the Town and Village of Le Roy for any mistrust in our organizations these allegations may have caused. The Le Roy Firemen’s Benevolent Association and the Le Roy Fire Department, Inc., have already taken steps in our financial policies to keep this type of activity from happening in the future. Both our organizations are committed to providing the best emergency service to our community, and will strive to work hard to restore any loss of faith in our organizations.”

The Presidents want to remind the public that the Fire Department and the Association do not receive any real property tax money. The Association receives their money from the State Insurance Department’s 2-percent fund, while the Department’s budget is derived from fund-raising and donations.