Le Roy

The Town of Le Roy Planning Board has been named in a lawsuit that attempts to block construction of a senior housing development off Robbins Road.

One of the plaintiff's in the suit, Stephen Barbeau, is the newly elected town supervisor.

The owner of the planned development, Le Roy resident Pete McQuillen, thinks Le Roy residents should know that Barbeau is using town resources to fight a battle against a project that has already been approved.

"I don’t think it’s right that after the boards that have been elected or appointed have done their due diligence and made recommendations and passed resolutions that it should be fought again by the new town supervisor," McQuillen said.

The Batavian left phone messages for Barbeau on Wednesday of last week and again this afternoon. He has not returned our calls.

While it is the town's planning board that is being sued -- along with the Village of Le Roy and McQuillen -- as supervisor, Barbeau would normally be expected to have oversight over the expenditures related to a lawsuit and consult with the attorney.

In this case, McQuillen claimed, the town and village boards will need to hire outside council to represent them and the town's funds will come out of the budget Barbeau helps write and approve.

"The taxpayers shouldn't have to spend money defending a project that the town and village have already approved," McQuillen said.

The project is known as Robbins Nest Drive and is located east of Robbins Road and south of Filmore Street on the south side of the village. It will feature 26 single-family homes on 13.1 acres, walking trails and a community garden.

The single-story units will be sold to people 55 and older, with an expected asking price of from $130,000 to $160,000 each.

"There will be no maintenance outside the units," McQuillen said. "The concept is you can sell your 3,000 sq. ft. or 4,000 sq. ft. home after your children are gone and make a lateral move. It's for people who no longer want to mow lawns or shovel snow."

Among the approvals McQuillen sought was changing the zoning for the property from R-1 (single family residential) to PUD (planned unit development).

The change allows McQuillen to build smaller lots and establish a homeowners' association. Buyers will own their homes but not the lots.

The lawsuit alleges that the town and village boards didn't follow state law in granting approvals for the project.

From McQuillen's point of view, Barbeau and his co-plaintiff David S. Boyce just simply want to block all development on the property.

Barbeau and Boyce own residences on Filmore Street and the development is adjacent to their back yards.

He said that he think's that one of Barbeau's concerns is that McQuillen will use the PUD to bring in trailers or mobile homes, but McQuillen said that's not going to happen. First, because that's not what the village approved, and second, it's not what he wants.

"He doesn't want to see his property value go down and I don't blame him," said McQuillen. "But I live on Robbins Road. I'm never going to build those things."

A possible chimney fire is reported at a residence on Town Line Road in Bergen. It is between Jericho and Pocock roads. All Bergen fire equipment is called to the scene along with mutual aid from Le Roy.

UPDATE 12:18 p.m.: "There doesn't seem to be anything significant here," says the chief, and Le Roy can stand by. This incident stems from the "malfunction of a heating device. No extension into the residence," says the chief.

UPDATE 12:23 p.m.: Traffic is going to be shut completely down on Town Line Road between Jericho and Pocock roads.

UPDATE 12:30 p.m.: Bergen is back in service. So is Le Roy.

A 77-year-old resident of the Royal Apartments in Le Roy remains in guarded condition tonight following an accident Friday when she was run over by her own SUV-type vehicle.

Joan F. Cole was reportedly parked and exited her vehicle at 2:20 p.m. when the car began to role. Cole attempted to re-enter the vehicle in an attempt to stop it. She couldn't get in and fell to the ground.

The vehicle's front left tire rolled over Cole's pelvic and leg area.

Cole was transported to Strong Memorial Hospital by Le Roy Ambulance.

At Strong, "guarded condition" means the patient is being cared for in the Intensive Care Unit.

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

An electrical wire is reportedly down across the roadway in the area of 26 Church St., Le Roy.

Le Roy Fire and Ambulance dispatched.

UPDATE 12:22 p.m.: It's not electric. It's cable. A firefighter is clearing the road.

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A 46-year-old man released from the Ontario County jail on bail was arrested by Le Roy Police on Thursday and accused of stealing a purse Dec. 20 and using the credit cards at locations in Le Roy, Batavia and Rochester.

Charged with criminal possession, 4th, a Class E felony, is Richard A. Cooke, of 327 E. Main St., Waterloo.

Cooke has two prior felony convictions, according to Le Roy Police, and had recently posted bail in Ontario County following indictments on multiple charges unrelated to the Le Roy case.

Cooke allegedly stole a purse Dec. 20 from a business on Lake Street.

With the help of surveillance video and the assistance of the Monroe County Crime Analysis Center, Avon Police and the Ontario County Sheriff's Office, New York State Police and the Waterlook PD, Cook was identified as the suspect.

Further charges in Genesee County may be pending.

Following arraignment in Le Roy, Cooke was jailed without bail.

Deputies and Le Roy Police are somewhere in the area of the cemetery looking for youths who were throwing snowballs at cars.

There are footprints in the snow to help in the search.

An officer just said, "Well, somebody lost a glove so somebody is going to have a cold hand."

Late this morning, I needed to drive out to Le Roy and since it was a beautiful day, I decided to take the long way. I found myself heading north on Perry Road.

Above is a barn owned by a gentleman named Mel who once had cows, sheep and horses. Now he just has a barn. Nice man. I was happy to meet him.

Below, an old house, and last, a barn on Route 19 at the end of Perry Road.

Stephen Irvine Stone (photo), 45, of South Lake Street, Bergen is charged with sodomy, 1st, rape, 1st and criminal sexual act, 1st. Stone is accused of engaging in oral sexual conduct with a six-year-old girl in 1997 and 1998. Stone is accused of engaging in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004. Stone is accused of engaging in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008. Stone was arraigned in Le Roy Town Court and jailed on $100,000 bail.

Gene Douglas Snyder, 30, of Orchard Street, Oakfield, is charged with harassment, 2nd. Snyder is accused of subjecting another person to unwanted physical contact.

Travis Lavern Schossow, 25, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Schossow is accused of pushing his girlfriend into a dresser, allegedly violating a no-offense conduct order out of City of Batavia Court. Schossow is also accused of throwing a plastic cigarette case at a wall. The case reportedly bounced off a wall and struck a 12-year-old child in the neck causing a scratch. Schossow was jailed on $2,000 bail. A stay-away order was issued for the alleged victim and her child.

Le Roy resident Ed Spink has spent the past four days knocking on doors looking for his 16-year-old cocker spaniel, "Molly."

Initially, Spink feared that a young man in a black Cadillac had stopped near a car wash in Le Roy and taken the dog. But it turns out the Caddy driver was local businessman Tim Walton, who tried to capture the dog because it was running in and out of traffic on Route 5, but the dog ran into a wooded area.

Spink's father takes care of the dog on weekdays, Spink said, and had the dog when it escaped.

"She must have gotten disoriented," Spink said.

Walton, who owns Pink Gorilla Tees, on East Main Street, Batavia, was with his girlfriend, Jenna Hubbard, when they spotted the lost dog. Walton shared the following description of events:

"We were driving down Route 5 and there was traffic backed up a few cars and another couple was in the road chasing a soaked and mud-covered dog that was running back and forth in traffic. I got out to help them and the dog got away from the traffic for a few seconds."

As the other couple left, the dog proceeded to turn around again toward the road.

"I was nervous that he would run back into traffic and get hit. I had a dog bone from my puppy in the car that I used to hopefully get him to come to me as I followed him up the hill towards an apartment complex. He would turn around and start to come to me until he got within a few feet then he would turn around and jog away. It seemed like a friendly dog and I was just hoping that I could get close enough to read his tags but the dog wouldn't allow it."

Walton followed the dog all the way up the hill until he walked into the wooded area next to the complex.

"At that point there was nothing else I could do. I just wanted to make sure he was safe and wasn't likely to wander back into traffic.

Spink said somebody told him the dog was spotted yesterday near the Kwik Fill on Route 5 in Le Roy, but he still hasn't been able to find the dog.

Anybody with information on the whereabouts of Molly can call Ed at 585-797-3731.

Cynthia L. Clark, 41, of 115 Wolcott St., Le Roy, is charged with unauthorized use of a motor vehicle, 3rd. Clark is accused of taking a vehicle and driving it to Rochester without the owner's permission.

Corey James Hemmer, 25, of South Main Street, Elba, is charged with criminal mischief, 4th. Hemmer is accused of intentionally damaging a vehicle on Maple Avenue, Elba, on Dec. 12. Hemmer was jailed on $800 bail.

Kevin Michael Waleski, 23, of Church Street, Basom, is charged with grand larceny, 3rd. Waleski is accused of stealing a 2001 Dodge pickup truck valued at $10,000 from a location on Lewiston Road, Oakfield. The truck was located by a passerby in a ditch off Watson Road, Elba.

Ryan M. Palmer, 29, of 37 Tracy Ave., Batavia, is charged with driving while impaired by drugs and reckless driving. Palmer was stopped at 6:42 p.m., Saturday, in Batavia, by Sgt. John Peck.

Emergency dispatch is getting multiple calls about a rollover accident on either the Thruway or the I-490, or both.

Callers for the two different locations report a black SUV being involved.

Le Roy fire, Mercy EMS and Le Roy ambulance dispatched.

Responders will be checking both locations.

UPDATE 4:09 p.m.: One patient, out of the vehicle, walking. Mercy Flight was on standby, is now cancelled. The accident is on the Thruway.

Message from Edward Spink:

A man in a Cadillac picked up my Cocker Spaniel  by the car wash in LeRoy NY  on Main Street 12\22\2011 in the evening. She is blonde –white and sixteen years old. If anyone knows the whereabouts of her please contact me …she is a part of our family and dearly missed.

585-797-3731

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Randolph Ricardo Scott, 59, of West Humboldt, Buffalo, is charged with possession of more than 400 untaxed cigarettes and speeding (62 in a 40 mph zone). Scott was stopped at 10:58 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Scott was allegedly in possession of 800 untaxed cigarettes.

Marc Anthony Crispino, 20, of Cassandra Circle, Chili, is charged with possession of more than 400 untaxed cigarettes. Crispino was stopped at 12:02 a.m., Dec. 6, on Route 77, Pembroke, for alleged traffic violations by Deputy Patrick Reeves. Reeves reportedly found Crispino in possession of 800 untaxed cigarettes.

Martin Andrew Wade, 53, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater and insufficient turn lamps. Wade was stopped at 10:19 p.m. Wednesday on Route 5, Stafford, by Deputy Howard Carlson.

Tabatha Holly Clark, 25, of Telephone Road, Le Roy, charged with petit larceny and possession of a controlled substance not in original container. Clark is accused of shoplifting $22.67 in merchandise from Kmart.

A reader submitted this picture of a rainbow in Le Roy this afternoon. The reader wrote, "The colors were so bright against the dark sky!! Can't believe its December and this was what I drove towards after work."

(btw: if you're going to send in pictures, please make sure they're at least 460 pixels wide so we can see them better.)

Le Roy police are looking for the black or Hispanic male behind the woman in the check-out line. Investigators have identified him as a person of interest in the theft of a stolen purse and credit card that occurred Tuesday.

Submitted by a reader:

In the basement of St. Joseph’s Oratory in Le Roy, parents and committee members heard the words everyone was praying for, “Holy Family will remain open for the 2012-2013 school year.” This announcement came  from the Diocese of Buffalo after word that the merger proposed with St. Joseph’s in Batavia had been rejected.

This good news comes with a catch though -- all benchmark goals previously set by the diocese still need to be reached.

“Every 10 students cost the school around $20,000,” Fr. Rock said, “every enrolled student lessens the financial burden of the school and, therefore, the parents.”

Benchmark goals include enrolling 120 students and raising $120,000 by June 2012. Enrollment goals include re-enrolling the 90 current K-7 students so parents are encouraged to make their commitment sooner than later.

An Enrollment and Marketing Committee has been established by a group of parents, professionals and supporters of HFS who plan to kick off the enrollment campaign this January.

A Finance Committee has also been created to manage donations and assist with tuition and financial aid.

“We need the donations and the tuition to run the school, but it is important for parents to know no student is turned away for the inability to pay,” said Dane Sprague, co-chair of the Finance Committee. "There is always a way and we will find it."

Sprague also reminded supporters to encourage donations of all sizes as no donation is too small. The school is launching a new website which will be live on the first day of Catholic Schools Week in January.

It is expected to have many more user-friendly features including the ability to make a quick and secure donation online. Until then, Holy Family School is asking those willing to donate to send gifts to HFS with attention to Denise Spadaccia, the school’s bookkeeper.

“Now is the time to donate and enroll, with confidence,” said Lindsay Warner, 1995 alumni and committee volunteer. "Holy Family School has been serving the Le Roy community and surrounding areas since 1889 and has proven tonight that she will continue to do so."

A 43-year-old man who apparently set himself on fire in a thwarted suicide attempt will serve 10 years in prison, Judge Robert C. Noonan ruled Tuesday afternoon.

Paul Atkinson admitted Oct. 26 to arson, 2nd, and Noonan was bound by law to impose a prison sentence, even though the defendant's sister and Atkinson himself both asked that he receive mental health treatment.

"I fully acknowledge the terrible losses you have had in your life," Noonan said. "The diseases that affilicted you, the personal pain that comes with divorce, the ping-pong life of children going back and forth, the loss of employment, financial hardships and the stress in your family. It's a soap opera. It's a very, very sad story.

"But," Noonan added, "you're very, very lucky you're not standing here before me accused of murdering several people."

Noonan said the record will reflect that Atkinson wants and need mental health treatment and that the state prison system does have programs in place.

"I hope you avail yourself of the help available, because you will be released from prison some day and when you're release you should get on with your life," Noonan said.

Atkinson started a fire July 14 in his father's home at 3 Orchard Drive, where he, his father and his sister and her husband were living at the time.

Atkinson's sister, Wendy Nelson, made a victim's statement and said that she suffered cracked ribs, a collapsed lung, smoke inhalation, anemia and post-traumatic stress syndrome as a result of the fire and hasn't been able to work since.

Yet, she said, she wants to see her brother get help.

"It's hard for him to ask for the help he needs," Nelson said. "I need to speak for somebody whom I feel cannot speak for himself and ask that he receives this help."

When Atkinson was given his turn to make a statement, he turned and thanked his sister and was barely able to be heard as he said, "I want help bad."

Noonan said he couldn't understand him, and Atkinson's next two attempts to speak were not understandable. Then he stood up a little straighter and said, "I know I need help now. I wish to receive help if it's offered to me. I'm very sorry for my crime."