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Town of Pembroke Zoning Board of Appeals meeting on Wednesday, May 17, 2013

By Chuck Lowder

I attended the Town of Pembroke Zoning Board of Appeals meeting on Wednesday, May 17, 2013. One of the items on the agenda was in regard to a permit granted to Mr. Jeffrey Humel for his converted multi-apartment building located at 1633 Indian Falls Road in Corfu. Jeffrey Humel, who is already operating under a special use permit what was supposed to be a “storage only” business at this location, has now not only converted an old nursery warehouse into a 3-unit apartment building, but has allowed families to occupy two of those units without the proper permits or certificate of occupancies. When the Town of Pembroke became aware of the multi-family units and that they were occupied they notified Mr. Humel that he was not in compliance with town code and that he needed to remedy the violations. The town Zoning Enforcement Officer issued a "Notice of Eviction" to both tenants residing in two of the apartments.

Since then, a certificate of Occupancy has been issued to Mr. Humel so he could rent out one (1) apartment. Mr. Humel then allowed one of the tenants that were evicted before to move back in.

Using definitions found in the Town of Pembroke’s Zoning Law, a neighboring property owner’s attorney explained to the board the difference between a single unit dwelling and a multi-family dwelling. He also reminded them that since the principal use of the property is already operating under a special use permit, the town zoning law only allows for a single unit apartment not a multi-family dwelling. The board gave me the impression that it must not understand what the law means. Numerous times Board member David Sabato questioned the attorney’s statement about what the difference is between single-family and multi-family. A couple of times, the attorney stated it is in black and white and Mr. Sabato could follow along on the copy that he (the attorney) made for each board member to read. Zoning Board Chairman Nathan Witkowski raised the question as to whether or not there were multiple units in the building (Prior to this statement, Chairman Witkowski held up the layout plans for the build where everyone in the meeting could see the 3 units). He said it was “too bad that someone wasn’t there to represent Mr. Humel”. (Mr. Humel has a history of not showing up at previous board meetings to answer violations and issues.) Thankfully, Mr. Charles Reid, the issuing Zoning Enforcement Officer, was able to make it to the meeting. Mr. Charles Reid was the ZEO who issued the Certificate of Occupancy this spring and he was able to validate for everyone at that meeting, including Mr. Nathan Witkowski, that in fact there are three (3) separate apartment units in the old nursery building. He reported that he had been at the location a number of times, he inspected each unit and he signed the Certificate of Occupancy for apartment “B.” It became rather obvious that the board was not happy about admitting that there were 3 separate apartment units in Mr. Humel’s converted warehouse building, particularly when Board member Terrance Daniel said that all Jeff has to do is “knock out a wall between the apartments or put a connecting door between them and then they could fall under code as a single unit apartment.” After being asked again, Zoning Enforcement Officer Mr. Charles Reid reiterated that he indeed had inspected the inside of the made over building and there were in fact three (3) separate apartment units in it.

I got a very strong message that the members of the Zoning Board of Appeals were all in favor of allowing Jeff Humel to continue operating the multi-unit apartments along with his multi-commercial businesses even though this type of activity is not allowed in an agricultural/residential area per town zoning laws.

The board seemed reluctant, but the certificate of occupancy was rescinded by a vote of 3 – 2. David Sabato and Richard Doktor both voted "nay" while Terrance Daniel, Ronald Kasinski and board chairman Nathan Witkowski all voted "aye."

The Town of Pembroke has allowed Jeff Humel, dba Creekside Septic, Mike’s Roll Offs and Creekside Rentals (which includes rentals of port-a-johns and closed storage units) to operate multi-commercial businesses in an agricultural / residential zoned district since 2008. Not only are commercial businesses not allowed on secondary roads by town law, but it has aggrieved neighboring property owners as well. And now he wants to add apartments!

For complete documented information, please go to www.crlowder.com/pembroke/

Man falls from roof, suffers complete dislocation of ankle

By Billie Owens

A 61-year-old man fell more than 20 feet off a roof and suffered "a total dislocation of (his) ankle" at 349 Wright Road. It's between Tesnow Road and the dead end. Alabama Fire Department is there and called Mercy Flight to the scene. Helicopter 5 out of Batavia is en route. Mutual aid by Indian Falls and Pembroke fire departments to establish a landing zone is requested. Sounds like they are going to remove a soccer net from a nearby neighbor's yard and land Mercy Flight there. Mercy Flight is hovering over the scene and a lone firefighter is scrambling trying to establish a landing zone. "We've got a visual. We'll prepare to land," says the pilot.

UPDATE 11:45 a.m.: Mercy medics just arrived along with Indian Falls and the helicopter has landed.

UPDATE 11:47 a.m.: A Mercy medic asks that Mercy Flight be told to shut down its engine because the patient is not yet ready to be transported.

UPDATE 11:49 a.m.: Pembroke has arrived.

UPDATE Noon: Mercy Flight is airborne and headed to Erie County Medical Center. Alabama, Indian Falls and Pembroke are back in service.

Car crash at Akron and Alleghany roads, Pembroke

By Billie Owens

A two-car accident is reported at Akron and Alleghany roads. It is blocking traffic. Pembroke and Indian Falls fire departments and medics are responding. Fire Police are at the scene handling traffic. One person has a minor chest injury.

Local semi-pro football inviting local fans to scrimmage

By Howard B. Owens

The Lyndonville Tigers, a semi-pro football team that plays all of its home games at Pembroke Town Park, will hold a scrimmage at 3 p.m. tomorrow and is inviting local football fans out to the park to see the team.

The event is free.

Players 18 and older are also encouraged to come out and learn more about the team.

The Tigers are entering their third season playing in Pembroke and the team is 10 years old. The NFA has 16 teams.

"We have a great returning roster but are always looking for new players and I think our pre-season scrimmage is a great way for interested parties to come feel out the team," said Taylor McCabe, president of football operations for the Tigers.

Little girl hit by car on Galloway Road, Town of Pembroke

By Billie Owens

A 6-year-old girl has been hit by a car in Pembroke on Galloway Road, near Slusher. Mercy Flight out of Batavia is responding, along with Mercy medics and East Pembroke Fire Department.

UPDATE 4:33 p.m.: Mercy Flight has landed.

UPDATE 4:41 p.m.: Mercy Flight is airborne and headed to Women and Children's Hospital in Buffalo.

UPDATE 4:54 p.m.: All responders are back in service.

Strong winds disrupt power for some in the county

By Howard B. Owens

More than 600 National Grid customers in Genesee County are with out power this afternoon, including 590 in Batavia, as high winds play havoc with trees and power lines.

A tree came down on Clinton Street, which is what knocked out power around East Main and Clinton, including the intersection lights.

About 90 customers in Pembroke are also without power and there are a couple of small outages elsewhere in the county.

Power should be restored in Batavia by 4:45 p.m. and in Pembroke by 3:45 p.m.

There is a hazardous weather outlook in place because of strong winds into tonight. Winds are hitting 20 to 25 mph with gusts up to 45 mph.

Wires, tree down on Main Road, Pembroke, truck traffic stopped at routes 5 and 77

By Billie Owens

Three primary power lines / poles are down in the roadway in the area of 1428 Main Road in Pembroke, just past Boyce Road. The wires were arcing and smoking. Cables lines are also hanging low across the roadway, and a fallen tree is laying on them. Tractor-trailers will be stopped by fire police at routes 5 and 77.

Pembroke, East Pembroke and Indian Falls fire departments are responding. National Grid and the cable company have been notified.

UPDATE 1:22 p.m.: National Grid and Time Warner reps are on scene. Once the low-hanging cables wires are disconnected, tractor-trailers will be allowed through.

UPDATE 1:29 p.m.: All traffic can proceed; roadways reopened.

UPDATE 1:33 p.m.: Pembroke and Indian Falls are back in service.

Car/deer accident on westbound thruway, unknown injuries

By Billie Owens

A car / deer accident is reported on the westbound thruway at mile marker 403. Unknown injuries. Pembroke and Indian Falls fire departments and Mercy medics are responding.

UPDATE 1:12 p.m.: A chief on scene says fire and medics can stand down. Only law enforcement is needed at the scene (to dispatch the deer).

Grand Jury indicts man for alleged sexual conduct with a child under 13

By Billie Owens

Sean M. Vickers is indicted by the Grand Jury and accused of a course of sexual conduct against a child in the first degree, a Class B felony. He is an adult accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Joseph E. Marr is indicted by the Grand Jury and accused of driving while intoxicated, as a misdemeanor, and for allegedly driving a motor vehicle on Dec. 14 on Route 5 and/or Keeney Road in Le Roy while under the influence of alcohol. In count two of the indictment, he is accused of having a BAC of .08 or more at the time of the alleged incident. In count three, he is accused of knowingly and unlawfully introducing dangerous contraband into a detention facility or, being a person in jail, knowingly and unlawfully made, obtained or possessed dangerous contraband. In count four, he is accused of driving while impaired by drugs, as a misdemeanor, for allegedly driving a 2001 GMC on Jan. 1 on Route 5 in the Town of Pembroke while impaired by drugs. In counts five and six, respectively, Marr is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing a "black large capacity ammunition feeding device" as well as another such device that was clear/gray, also on Jan. 1 in the Town of Pembroke.

Carrie A. Stewart is indicted by the Grand Jury and accused of tampering with evidence, a Class E felony, on Nov. 15 in the Town of Alexander. It is alleged that Stewart "believing that certain evidence was about to be produced or used in an official proceeding or a propective official proceeding and intending to prevent such production or use, suppressed it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person." This count stems from Stewart allegedly stealing merchandise from Dollar General and then when confronted by management, "threw the merchandise in the Tonawanda Creek where it was carried away by the current." In count two, the defendant is accused of petit larceny for allegedly stealing five pairs of underwear, a hat, socks, gloves, a wallet, and thermal underwear.

Shannon G. Cook is indicted by the Grand Jury and accused of driving while intoxicated, a Class E felony, for allegedly driving a 2002 Dodge pickup on Jan. 20 on Route 262 while under the influence of alcohol. In count two of the indictment, Cook is accused of having a BAC of .08 or greater at the time of the alleged incident.

Law and Order: Le Roy resident charged with second-degree assault

By Howard B. Owens

Jesse M. Woods, 18, of Lake St., Le Roy, is charged with assault, 2nd. Woods allegedly fought with a person outside a residence on Myrtle Street, Village of Le Roy, and as a result the other person suffered serious injuries. Woods was jailed on $500 bail.

Matthew Brian Starowitz, 24, of Whitney Mill Road, Elba, is charged with criminally using drug paraphernalia, criminal possession of marijuana, 5th, and parking on a highway. Starowitz was allegedly found parked the wrong way on Whitney Mill Road at 3:06 a.m. by Deputy Frank Bordonaro.

Daniel Taylor Manhardt, 20, of Hopkins Road, Corfu, is charged with unlawful possession of marijuana. Manhardt's vehicle was stopped for alleged equipment violations at 2:01 a.m. Thursday on Cleveland Road, Pembroke, by Deputy Joseph Corona.

Man falls 'at the very bottom' of the north side of the falls off Gilmore Road, Corfu

By Billie Owens

A man complains of back pain after falling on the north side of the Indian Falls behind the Log Cabin Restaurant on Gilmore Road. He is said to be "struggling a bit" in the water, according to the caller, and fell at the bottom of the falls. Pembroke and Indian Falls fire departments are responding and Mercy Flight is on standby.

UPDATE 8:39 p.m.: A rope rescue extrication team is called in. A responder on scene says it looks like a male and a female are in need of rescue. They are "in the middle of the flow" and it is pretty heavy. The extrication process is expected to be lengthy. Extrication will be made from the southside, where the creek water is moving slower, and the operations headquarters will be in the Log Cabin restaurant parking lot. "It looks likes there's one patient down there holding onto the rocks."

UPDATE 8:45 p.m.: "The male is in the middle of the falls at the base and anyone coming in, I'd like to have water suits on." Law enforcement is called in. Another victim has fallen approximately 40 yards into the creek in a futile attempt to rescue the distressed parties. Now he is in need of rescue.

UPDATE 8:52 p.m.: Alden's Water Rope Rescue Team is called and is responding. The second victim at top of the falls is out, and both victims at the bottom of the falls are now upright.

UPDATE 8:56 p.m.: Emergency responders are staging in the restaurant parking lot at 1227 Gilmore Road, Corfu.

UPDATE 9:01 p.m.: Mercy Flight is called in.

UPDATE 9:17 p.m.: Alabama Fire Department Rescue is to handle the Mercy Flight staging, which will be at the Indian Falls Methodist Church, located at 7908 Alleghany Road, Corfu. The helicopter is to land in a grass field there.

UPDATE 9:32 p.m.: Mercy Flight has landed.

UPDATE 10:09 p.m.: Those in need of rescue from the swift water of the falls are being brought up to within reach of the emergency crews. Pembroke went back in service at about 9:57 p.m.

UPDATE 10:15 p.m.: "The patient is topside."

UPDATE 10:32 p.m.: Alabama reports that Mercy Flight is in the air, heading to Erie County Medical Center.

UPDATE 10:36 p.m.: Alabama is back in service.

UPDATE 10:46 p.m.: "...all equipment from down below is now topside." The remaining responders are picking up their gear and preparing to return to service.

UPDATE 11:05 p.m.: All responders are in service.

Head-on crash on Route 5 claims life of Pembroke resident

By Howard B. Owens

A Pembroke woman was pronounced dead at the scene of a head-on collision on Route 5 near the Erie County Line in Pembroke late this afternoon.

Mary J. Smith, 61, was westbound in a 2005 Chevrolet Cavalier when a 2011 Toyota Sienna minivan crossed the center line and struck her vehicle head-on on the driver's side.

Investigators have yet to determine why the eastbound Toyota veered from its own lane.

The Toyota's driver, Victoria A. Zimmer, 55, of Clarence, was seriously injured and taken by Mercy Flight to ECMC.

Smith is a relative of several members of the Pembroke Volunteer Fire Department, so members of the Akron Volunteer Fire Department handled critical aspects of the accident scene.

No charges have been filed. The accident remains under investigation.

Assisting at the scene were Indian Falls, Corfu and Darien's ambulance along with Mercy EMS.

The accident investigation is being handled by Deputy Chad Minuto, Sgt. Ron Meides, Investigator Roger Stone and Deputy John Duyssen.

Head-on collision on Route 5 near Erie County line, Pembroke

By Billie Owens

A head-on, two-car accident with multiple injuries is reported at 352 Main Road in the Town of Pembroke, near the Erie County line. Corfu, Pembroke and Darien fire departments are responding and Mercy Flight will be also.

UPDATE 2:39 p.m.: Traffic is backing up and Route 77 is reduced to a single lane in some places. The landing zone will be a lot at Jim & Bob's Service Co. Route 5 is being shut down. Akron Fire Department is requested to shut down 5 at Crittenden Road. In addition to Mercy Flight, an ambulance is needed at the scene. Responders are working to extricate victims.

UPDATE 2:43 p.m.: Corfu fire is going to shut down Lake Road at 5 to westbound traffic.

UPDATE 2:28: Fire police will also shut down Route 5 at Route 77. Mercy Flight has landed and the ambulance is on scene.

UPDATE 2:57 p.m.: It appears they are going to keep 5 at 77 open at least for the time being.

UPDATE 3:14 p.m.: Mercy Flight is airborne but no destination reported yet.

UPDATE 3:21 p.m.: Genesee County Coroner Kristine Flanagan has arrived on scene.

UPDATE 4:48 p.m.: The roadways are reopened. Responders are back in service.

Truck reportedly hits car on Thruway off ramp in Pembroke

By Howard B. Owens

A tractor-trailer has reportedly rear-ended a passenger vehicle on the eastbound off ramp of Thruway Exit 48A and there are injuries reported.

Pembroke and Indian Falls responding along with Mercy EMS.

UPDATE 8:52 p.m.: The location is eastbound just before the off ramp.

UPDATE 8:59 p.m.: There are two injuries. One person is walking around. The other person is still in the car.

UPDATE 9:26 p.m.: There were two dogs in the vehicle. One crated, the other not. There's no indication either animal was injured. Animal control is in route to assist with the dogs.

Head-on collision on Indian Falls Road, Pembroke

By Billie Owens

A two-car, head-on collision is reported in the area of 8419 Indian Falls Road, north of Pratt Road. Mercy Flight out of Batavia is apprised and available. East Pembroke Fire Department and two Mercy Medic units are responding.

UPDATE 10:24 a.m.: A responder on scene reports the vehicles are well off the roadway, not blocking, and the occupants claim no injuries. Medics will continue in order to evaluate.

CSX has opened two railroad crossings, but five remain closed

By Howard B. Owens

Two of the group of railroad crossings between the Genesee and Erie County line that had been closed reopened this morning by 9, but the rest remain closed and according to a CSX manager at Wortendyke Road, will remain closed through tomorrow.

Upton and Snipery roads are open.

Route 77, which had been partially closed for some repair work was open at 10:30 a.m.

The closures are affecting travel for residents, bus drivers, and of course, emergency responders

We requested comment from the CSX media center last night and again today but have yet to get a response.

Crossing above: Wortendyke Road.

UPDATE: As soon as I hit save on this, a representative from CSX called. He needed to get more information so he could get us more information. We'll update this post accordingly when we hear back.

Wilkinson Road


Ellinwood Avenue

Colby Road

Fargo Road

No leads in series of car break-ins, ATV theft in East Pembroke

By Howard B. Owens

Thieves made off with laptops, GPS devices, cash, backpacks and book bags during a series of break-ins to cars in the East Pembroke area this past weekend.

During the spree an ATV was stolen from a home on Read Road, East Pembroke.

Deputies are investigating the thefts but have no leads at this point, according to Chief Deputy Jerome Brewster.

There are about 20 known larcenies from Saturday and Sunday, Brewster said.

"Often times, we get a call of four or five larcenies and it turns out there may have been 15 or 20 more people who just don't report it," Brewster said.

The ATV stolen was left outside, but did not have its keys in its ignition. It was pushed down the road a ways and then apparently hotwired, Brewster says.

It's a 2009 Yamaha Raptor, white with red rims.

Brewster said another ATV was stolen in Darien about three weeks ago and later recovered in Lancaster.

It was apparently driven down a railroad bed and then abandoned.

"A lot of times these kids try to hide it in the weeds thinking it won't be found and they can come back and ride it again later," Brewster said. "They don't dare take it home."

Anyone with information that may assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Batavia beats Pembroke 7-4 in girls softball game

By Howard B. Owens

Following a 7-4 Batavia victory over Pembroke, both coaches for the girls softball teams said they see things to build on that could carry them into sectional play.

"We need to be more consistent," said Pembroke's Ron Funke. "We're a good hitting team, but we to do the little things. The mental mistakes are hurting us right now."

The Lady Dragons are 3-4 so far this year and Funke said that now that the weather should improve and the girls play together more, those little mistakes will get ironed out.

"The more games we get in, the more consistent we'll become," Funke said.

For Burt Howell, head coach for Batavia, he saw a pitcher today, and his hitters who are starting to put things together.

"When you see them go from practice to game and get some of the skills in it makes you think they're going to get better fast," Howell said.

Kim Walsh threw hard today and Howell thinks that was the big difference in the game.

"She controlled the game from the circle," Howell said. "If she she pitches like that on a daily basis, there isn't anybody we don't think we can't beat. We need the youngsters to make plays behind her, but when she throws like that the girls are in the game and we start to actually make plays."

Among the younger players who stepped up their performance today was Hannah Bowen, who went 2-4 and his hitting .667 so far this season. She's in eighth grade. She also had three RBI on two doubles.

Walsh also went 2-4, including a monster double that would have cleared any fence in a typical softball field if there was one at the Batavia field.

Pembroke had 10 hits, led by Deanna Perry, who went 2-3, and Danni Dellapenta, who was 2-4 with two doubles, and Bre Johnson, who had a triple.

Howell praised Perry saying that she proved she could turn on Walsh's fastball, so they had to change speeds on her.

To purchase prints of photos, click here.

Fire reported in apartment in Corfu

By Howard B. Owens

A structure fire is reported 735 Genesee St., Corfu.

Corfu fire along with Pembroke, East Pembroke, Darien and the City's Fast Team all dispatched.

Firefighters on scene say people are still in the house and they're trying to get them out. The fire is at the back of the structure, possibily on a porch.

UPDATE 11:34 p.m.: The City's Fast Team is cancelled.

UPDATE 11:35 p.m.: The fire is knocked down. Crittendon and Akron were also called, but now are cancelled.

UPDATE 12:15 a.m.: Corfu returning to quarters.

Rich Funke to be honored tonight by St. John Fisher

By Howard B. Owens

Pembroke native Rich Funke, who started his broadcast career at WBTA, will receive a lifetime achievement award from St. John Fisher College.

The award is named after Jack Palvino, a member of the university's first graduating class who became well known in Rochester media.

The award ceremony is this evening.

Funke's broadcast career in Rochester and Batavia spans 40 years.

His first big assignment in broadcast news was covering the Attica prison riot for WBTA.

(via WHEC)

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