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Frostridge Campground

February 15, 2017 - 3:31pm

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Press release:

Strength in Numbers Entertainment announced the 2017 dates for the annual American Warrior Concert sponsored by Red Osier Landmark Restaurant to be held June 2nd and 3rd at "The Ridge NY" on Conlon Road in Le Roy.

For the past four years the event was held in Southern California, but going into its fifth year Strength In Numbers Entertainment owner Dan Clor insisted on going back to his roots and producing the festival in his hometown.

The American Warrior Concert is known for serving as a tribute and to honor the military's active and retired personnel. The American Warrior Concert 2017 will be giving away up to 2,000 General Admission show tickets to veterans and active duty military alike.

This event also donates to a nonprofit veterans' organization of its choice. This year’s event beneficiary is Warrior House of WNY Inc., in Medina, an organization that uses the outdoors to help heal veterans mentally and spiritually. Rochester Vets Center and Honor Flight Rochester will also be in attendance to provide our veterans with additional beneficial information. If you are a veteran or are still active duty, and would like to see the show for free, please contact us and we will make sure that your name is included.

The American Warrior Concert headliner will be none other than Weapon-X, frontman Dan Clor's military inspired heavy band. All other acts scheduled to date include D-ZL, Audibull, Diana Zinni, James D Jackson, Jason Wallace, Ryan Whyman, Black Valentine, Invictra, Kenny Drury, Johnny Bauer, The Dirty Bourbon Blues Band, Delano Steele, 1916, Danny B, Le Roy High Marching Band/Chorus, Dave Riccione Blues Trio, Shawn T, Greg Chako Jazz Trio, Woody Dodge, Ball Cheeze Psychotics and Justin Williams. These acts represent a wide variety of music, something for everyone’s musical tastes.  More acts are being added to the bill.

Clor, a military man himself who is a Marine veteran having served overseas in Iraq sums up the benefit concert with, "American Warrior Concert 2017 -- A celebration of our troops, veterans, and American way of life." The concert is an all-ages event featuring one main stage, a side stage, an acoustic stage, VIP tent, music lesson tent, open jam tent, camping, craft beer, BBQ, vendor booths and is scheduled to have 20+ bands perform.

If you are a local business that would like to be involved with our American Warrior Concert as a sponsor, vendor or contributor please contact us at the number/e-mail above.

To purchase concert tickets click here.

To rent a campsite click here.

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January 21, 2017 - 2:25pm

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The owners of The Ridge NY (aka Frostridge Campground) enter the 2017 outdoor music season for the first time in a couple of years knowing there are no obstacles that might inhibit concert nights.

The renewed freedom allows David and Greg Luetticke-Archbell to aim high for some of the stars they might book and this week they were able to announce a big one: Clint Black.

One of the most accomplished recording artists and songwriters in Nashville, Black will take The Ridge stage Aug. 12.

"We've been in negotiations since November," David said. "It was kind of a back and forth but one we had hoped for a long time, so this is really great to finally have someone with the kind of history that Clint does. We can bring that classic country sound to Western New York."

Black emerged top of his class among wave of new-traditionalist country singers to come out with chart-topping hits in 1989. He went triple-platinum with his debut album, "Killin' Time," and repeated the feat with his follow-up, "Put Yourself in My Shoes." 

Killin' Time contained five #1 songs, all of which Black wrote or co-wrote. He's written or cowrote every one of his dozens of #1 singles over the years.

It's apparently been a long time since Black came to WNY, so David said they were excited to sign him for a show early in their process of lining up acts for this summer.

There will likely be other big names announced before winter ends, David said. 

There will also be some up-and-coming acts added to the calendar, such as the Swon Brothers, scheduled to appear at The Ridge on July 22.

David and Greg are also putting together a blowout two-day event as a fundraiser for veterans June 2 and 3 called the American Warrior Concert. Nearly two dozen musical acts from throughout the region will perform over the two days.

This summer will also include the annual fundraiser for the Le Roy Volunteer Fire Department (probably Aug. 5), and in July, David and Greg will put the frost back in Frostridge with ice skating -- yes, ice skating in July -- as well as snowman building.

It's great to be able to run a business again, David said, without the cloud of litigation hanging over all their plans. 

"Now we're working with folks knowing that we don’t have to try to figure out a plan B or plan C in case something comes up," David said. "We know what we have and we know how to make it work and it just flows."

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September 1, 2016 - 10:17am

The latest legal challenges to live, amplified music at Frost Ridge Campground in Le Roy have been dismissed by Judge Emilio Colaiacovo, meaning owners David and Greg Lueticke-Archbell will be able to continue their concert series, Jam at the Ridge.

Colaiacovo ruled that the Zoning Board of Appeals acted with appropriate consideration and diligence when deciding live, amplified music was a prior non-conforming use and that there was no substantive violation of the state's open meetings law when it reached that decision in February.

Attorneys for David and Amy Cleere and Scott and Betsy Collins challenged the ZBA's decision on both of those counts.

The decision seemingly concludes two years of legal fights initiated by the Cleeres and Collins and initially backed by the Town of Le Roy.

The plaintiffs maintained all along that Frost Ridge violated the town's zoning laws, because it is in an agricultural-residential district, by hosting music concerts at the campground.

The owners and their supporters countered that both live music and amplified music had been part of the operations of the campground since the 1960s, which means those uses were grandfathered in, or prior, non-conforming uses, before the R-A district was created.

The ZBA met at least twice prior to the lawsuits being filed and sided with David and Greg Lueticke-Archbell, but Judge Robert C. Noonan, who retired earlier this year, ruled that the ZBA meetings where these decisions were made were not properly noticed (a violation of the state's open meetings law), so he ordered the ZBA to hold a new public hearing.

The town board then tried to disband the ZBA -- which at the time was a joint board of the town and the village -- but Noonan barred dissolution of the ZBA until after it conducted a new hearing and issued a decision. 

The ZBA met in December and collected documents and testimony at the time, but never publicly deliberated the issue and issued its decision without a public vote in February. 

Colaiacovo ruled that even if these actions were a technical violation of the open meeting law, the record is clear that the ZBA members had ample information about the issue without the need for public deliberation and there was no evidence presented that the matter was discussed in a closed meeting by the board. 

"The Court finds that the alleged failure to vote on its decision in public is a de minimis technical violation that, in light of the exhaustive record and consistency of the ZBA's determination that there exists a prior, non-conforming use, injunctive relief is not warranted," Colaiacovo wrote in his decision.

Colaiacovo said it was not the court's place, based on case law, to decide whether the ZBA reached the correct decision, only that the decision was reasonable and not arbitrary and capricious.

The mere fact that the plaintiffs disagree with the decision is not evidence that it is arbitrary and capricious, he said.

Courts must be careful, according to case law, not to overturn local decisions that are based on substantial evidence and are rational, he said.

The record shows the ZBA had a substantial amount of testimony and evidence to consider that seemed to back the conclusion of a prior, non-conforming use, he said. 

"The ZBA held that these activities occurred to varying degrees prior to the adoption of the Town Zoning Code," Colaiacovo wrote. "The ZBA referenced Mr. (Eugene) Sinclair's testimony, which established that the defendants' actions were 'consistent with the essential character of the property as a prior, non-conforming use.' Accordingly, the ZBA, after exhausting its reasons for its determination, found that the use of the property as a campground, which permitted live and recorded music, limited food service, and allowed the use of recreational vehicles, was a prior, non-conforming use as permitted by the Town of Le Roy Zoning Code.

"Based on the foregoing," he continued, "the Court finds that the determination of the ZBA is based on substantial evidence that was made part of an extensive record. As such, because the ZBA had a rational basis to reach its decision, this Court will not disturb it."

He added, "Nothing in the record demonstrates that the ZBA reached its determination haphazardly."

May 24, 2016 - 5:02pm
posted by Howard B. Owens in Frostridge Campground, Le Roy, business, news, steve barbeau.

The fight over live music and other alleged zoning code violations at Frost Ridge Campground is far from over and court documents indicate the fight has recently involved some name calling and an accusation of anti-gay bias driving the attempts to shut down the park.

Attorneys for David and Marney Cleere and Scott and Betsy Collins, neighbors of Frost Ridge, have filed motions seeking a permanent ban on live, amplified music and long-term camping at the facility.

Their court papers alleged that a ZBA hearing in February that led to a finding in favor of David and Greg Luetticke-Archbell, owners of Frost Ridge, violated the state's opening meeting law and therefore the ZBA's decision should be voided.

The Luetticke-Archbell's position is that the meeting was given proper public notice, a position backed by sworn statements from the ZBA's then-chairwoman Debbie Jackett and answer filed by the ZBA's attorney, James M. Wujcik.

Any appearance of inconsistencies in the ZBA's actions, before being disbanded by the town board, is purely the result of the anti-gay bias, David Luetticke-Archbell claims in a sworn statement, of Town Supervisor Steve Barbeau.

It's a charge that Barbeau vehemently denies in his own sworn affidavit, but Luetticke-Archbell accuses Barbeau of calling his husband a "faggot" after a "contentious" Nov. 12 meeting. To support his charge of an anti-gay agenda, Luetticke-Archbell also points to several actions by Barbeau throughout the legal and civic process over the past couple of years, including a statement in a court filing approved by Barbeau that Frost Ridge is a "malignancy which cannot be allowed to metastasize."

"Mr. Barbeau, with the Town Board in tow, has unabashedly trampled on the due process rights my husband Greg and I would have been afforded but for our sexual orientation," Luetticke-Archbell wrote in his statement.

Barbeau said that Luetticke-Archbell didn't tell the whole story of the events of Nov. 12.  First, he denies using the word "faggot," but he also accused Greg of calling him a couple of choice names while following him into his office after the meeting, including a "piece of shit."

In his statement, Barbeau states he holds no bias against the owners of Frost Ridge.

"The Luetticke-Archbells have a place in the Town of Le Roy, one they have earned through their commercial and charitable efforts," Barbeau states. "The Town of Le Roy is merely trying to enforce its zoning ordinance so as to not render it irrelevant."

Barbeau said that the actions he and the town board have taken have been supported by a majority of town residents. The evidence is in the election results, he said, given that he and other incumbents handily won reelection despite opposition focused on the Frost Ridge issue.

David Luetticke-Archbell is equally convinced that Barbeau is driven by an anti-gay agenda.

Besides the slurs, Luetticke-Archbell says Barbeau's pattern of actions is further evidence of his anti-gay position.

He accused Barbeau, rather than code enforcement officer Jeff Steinbrenner, of drafting an e-mail denying Frost Ridge prior, non-conforming use status; of purposefully mucking up the application process on a couple of occasions; of usurping the independence of the Zoning Board of Appeals by filing court documents on its behalf without properly notifying the ZBA of the proceedings; of then wrongly admitting to adverse allegations of improper conduct by the ZBA; and, of illegally firing the previous ZBA attorney and then appointing an attorney who works in the same law office as the town attorney's son.

"Mr. Barbeau's motivations and actions here have always been and remain malicious," Luetticke-Archbell wrote in his statement. "His allegations, if considered at all, should be weighed accordingly."

Barbeau called Luetticke-Archbell's affidavit an ad hominem attack and asked that it be stricken from the record.

The attorney Barbeau appointed is James Wujcik, who continues to represent the ZBA and filed documents in the current court battle defending the ZBA against allegations leveled by the attorneys for the Cleeres and Collins.

As for the motion for injunction filed by Mindy L. Zoghlin, attorneys for Cleere and Collins, it's long (32 pages) and legal, and the responses from David Roach, attorney for Frost Ridge, are also detailed.

Whereas in the first round of lawsuits, it was Cleere and Collins along with the Town of Le Roy against Frost Ridge, Luetticke-Archbell and the ZBA, the new motion names the Town of Le Roy as a defendant.

The Town of Le Roy is accused of not upholding its own zoning laws.

It accuses Frost Ridge of violating town ordinances by allowing permanent RV camping, of violating the noise ordinance, of relying on a defective ZBA interpretation of the law, and of violating Judge Robert C. Noonan's preliminary injunction against amplified live music that he issued in September 2014 by allowing live amplified music before 4 p.m.

It accused the ZBA of violating the open meeting law after the case was remanded back to the ZBA for a determination on whether live, amplified music is a prior, non-conforming use. The suit accuses of the ZBA of not providing proper public notice and of not deliberating its decision in public. 

In his response, Roach denies all the substantial allegations.

Acting Superior Court Judge Emilio Colaiacovo is expected to make a ruling on the current set of motions at a later date.

December 11, 2015 - 4:39pm
posted by Raymond Coniglio in Frostridge Campground, Le Roy, business.

The joint Le Roy Zoning Board of Appeals will meet on Dec. 17 to conduct a public hearing on live music concerts at Frostridge Campground.

The hearing would take place a day before the deadline set last week by Interim Supreme Court Judge Mark Grisanti.

According to the public notice, Frostridge seeks an interpretation of two sections of town Zoning Code — sections 165-13 and 165-39(B) — “as they pertain to the property, particularly whether camping and attendant recreational activities, including live and recorded amplified music/concerts and limited food service are a prior non-conforming use.”

Section 165-13 establishes the legality of the prior, nonconforming use of buildings and lots. Section 165-39(B) relates to campsites: “All existing campsites of record shall be exempt from (Zoning Code), except that they shall comply with this section whenever they are sold or any addition, expansion or alteration of the use or operation is proposed.”

David and Greg Luetticke-Archbell purchased Frostridge Campground in 2008 and began having outdoor concerts in 2012. The town ZBA determined in 2013 that the concerts were a prior, nonconforming use, and thus legal under town zoning law.

Neighbors of the campsite and the Town of Le Roy both filed lawsuits alleging violations of zoning law.

This past April, Supreme Court Justice Robert C. Noonan invalidated the ZBA’s 2013 decision because the board failed to issue a proper public notice. He ordered the ZBA to schedule a new public hearing.

That hearing never took place. In November, the Town Board voted to withdraw from the intermunicipal agreement with the Village of Le Roy that established a joint ZBA and set a Dec. 10 public hearing on a law to establish a new, town-only zoning board.

The matter returned to Supreme Court where, last week, Grisanti ordered the town to cancel its Dec. 10 public hearing. He also ordered the existing ZBA to conduct a hearing on Frostridge by Dec. 18.

The ZBA hearing is scheduled for 7:30 p.m. Dec. 17 at Le Roy Town Hall, 48 Main St.

June 6, 2014 - 12:31pm

As I think of all that is going on with Frostridge I am frustrated at the lack of open mindedness at the revenue that their growth has brought to small business around Le Roy.  Those campers and concert attendees shop in our Village for groceries, propane, and other essentials while at the campground.  Local take out eateries deliver out there or they come into shop.  

We have lost revenue from this weekends Music show to Caledonia Fireman who openly took over where we were not able to.  The next show is John Michael Montgomery, I believe and they have been talking to Genesee County Fairgrounds to have it there if still cease order on.  

Why are we losing out on much needed revenue when our Zoning Board of Appeals states they made a decision on this in 1998 and again in 2013?  Why are we paying a attorney for the Town to sue and retaining one for the ZBA to stand by what they already made a decision on?

WHEN DO WE STEP UP TO THOSE ELECTED OFFICIAL AND STOP BEING A  BEDROOM COMMUNITY?  WHEN DO WE LIVE HERE, INVEST HERE, AND MAKE THEM LISTEN TO WHAT THE WHOLE COMMUNITY WANTS?  Not just a select few?  

 

Did anyone realize that the Town Board changed the noise ordinance in the Town from 11pm to 9 pm last year?  The Village is still 11pm.

Just so my Village and Town friends realize this~we pay Town and Village taxes, we have the ability to vote for the officials. That means both Town & Village residents need to speak up , sign the petition, and go to the mtg June [email protected] Our zoning board of appeals is standing by their decision that Frostridge is already been grandfathered in as non conforming and those were all pre-existing buildings. I am a lifelong resident here and watch how we need more small business here and we are always told how we can't do things! That small business brings people from all over who travel into our Village to support our small businesses. LET'S SUPPORT LOCAL SMALL BUSINESS AND BECOME A WE CAN DO THIS COMMUNITY! They didn't want to give us the pool back and look we are at capacity everyday!

 

Please read below the information that is open to all to read on the Save Frostridge Campground on Facebook.  Contrary to what everyone believes this is a neighbor and small business owner in our community that just happened to be at a board meeting for separate issue and heard what was happening running this page.

Copied from Saving Frostridge Campground on Facebook:

My first post this morning I want to do things a little differently. I want to point out what LeRoy does have to offer. We live in a community that is absolutely beautiful. LeRoy is a great village, and town to be involved in. There are many things we have. We have many fine dining establishments. We have the Jello museum,
Oatka Creek (which I heard the village board is working on some projects that would be great.) We have some of the best Farm markets (Pullys, Crinkovich, and McPhersons) and also a great weekly Farmers Market. We have some of the best volunteer organizations any town could ask for LeRoy Volunteer Fire Department(and I thank you one and all), LCCP, LeRoy Healthy Community, LeRoy Main Street Revitalization. In all my years I have been in LeRoy may favorite thing is the Woodward Memorial Library. They have so much to offer. If you live in LeRoy and can't find something that the Library offers to you, you need to look again. You can download music, books and you can even borrow a fishing pole and fish the Oatka. One of the best things LeRoy also has is FrostRidge. Take the time and look around and enjoy some of the beautiful scenery. Most of all "See ya around town." Embrace the beautiful things we have to offer but stand up for what is right also.

 

Copied from Saving Frostridge Campground:

Morning everyone. I want to say first and foremost that I for one like to look at the facts. I started out not having a side or a vested interested on Frost Ridge. It didn't take long after looking at all of the information to realize that someone had to get involved. If we all sit back and watch one thing after another get shut down soon there will be nothing left. 

Fact of the matter is that Frost Ridge was bought by David and Greg pretty much how it sits today. The Town Board puts it out there as they have done all of the upgrades. That is simply not true. They now say that when the swimming pool was put in it makes them non-compliant. Then my question would be why would they have passed all of the inspections and been issued more permits for everything if they were non-compliant. 

They say they were to get a special use permit. It was advised to them they didn't need one. They tried 3 different times to obtain that goal. Oops one time their paperwork even got lost only to be found later and told once again they didn't need one. 

Fact, they went through the proper channels and were given permits and permission to do everything they were doing. The Zoning Board of Appeals has looked at this different times and always found that they are a Pre-exisiting non conforming campground. Meaning in short that they were there before zoning laws. 

Fact, when they went to court their attorney asked why the ZBA was not there to argue their side of the case. The Towns attorney then stated that they chose not to be and he would represent them,

Fact, the ZBA didn't even know that there was a lawsuit against them nor that they should have been in court that day.

Fact, the ZBA still stands behind that Frost Ridge is operating in a legal fashion and should not have to do anything else to continue to operate.

Fact, the Town Board went over the ZBA ruling and filed a lawsuit against Frost Ridge.

There are many more arguments that I could state but the fact of the matter is that Frost Ridge has operated in a legal fashion, unlike some of the Town Representatives would have you believe.

Fact, they bring much more to the community than the things they take away. They are not a cancer to the town and it only takes a minute to get to know these guys to see what a well run operation they have. I would invite each and every person to just take the time to stop out there say hello and really look around at how the campground it run. 

So I would say to all of this stand up for what is right. I for one am a taxpayer in the town of LeRoy and do believe that they should be able to continue to operate within a mannerly fashion just as they have done in the past.

Thanks for the vent time. Keep Smilin' and "See ya around town."

 

Just so my Village friends realize this~we pay Town and Village taxes, we have the ability to vote for the officials. That means both Town & Village residents need to speak up , sign the petition, and go to the mtg June [email protected] Our zoning board of appeals is standing by their decision that Frostridge is already been grandfathered in as non conforming and those were all pre-existing buildings. I am a lifelong resident here and watch how we need more small business here and we are always told how we can't do things! That small business brings people from all over who travel into our Village to support our small businesses. LET'S SUPPORT LOCAL SMALL BUSINESS AND BECOME A WE CAN DO THIS COMMUNITY! They didn't want to give us the pool back and look we are at capacity everyday!

Sign both the petition to have our elected officials withdraw the lawsuit and to change the Town noise ordinance to what the Village is.  

Invest where we live, support small business in our community, show what a great place that people can open a business and grow- not be told this is not allowed.  How can we fill all those empty homes or store fronts on Main St. or develop that Thruway exit if a profitable business  for all is not allowed to operate?  (REMEMBER THOSE PEOPLE COME INTO THE VILLAGE TO SHOP.)

It is not just as simple as them getting the right permits.  By the way would they really change the zoning and give those permits if it was?  Probably not, that is why we are in this situation as a community!

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