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.

The 78th Elba Onion Queen, Alexandra Lacey, was crowned Saturday at the Elba Onion Festival grounds, among family, friends and community members. The Elba High School Senior’s college plans include a study in Social Work with a minor in Special Education. Lacey has narrowed down her college of choice to three: Houghton, Fredonia or Niagara University.

First runner-up went to Haley Brown. This high school senior will be going to college for a business major and is looking into St. John Fischer.

Second runner-up went to Jennifer Pedro, also a Senior at Elba. Her college plans include counseling or social work.

Press release:

The Alzheimer’s Association Walk to End Alzheimer’s is the nation’s largest event to raise awareness and funds for Alzheimer’s care, support and research programs. Across Western New York, there are six such walks scheduled, including Sept. 27 in Batavia. The approximately two-mile walk starts and ends at the Genesee County Nursing Home on Bank Street.

“We are both proud and pleased that the Genesee County Walk to End Alzheimer's has seen such tremendous growth over the past few years, more than doubling in size!” says Lynn Westcott, the development director for the Alzheimer’s Association WNY Chapter.

“Residents and businesses have been kind, generous and supportive, showing they care about those who have been touched by this disease.”

The Genesee County Walk Committee was invaluable in enlisting the support of local businesses through sponsorships and basket raffle donations, and helping promote the walk within the towns and villages.

The Walk is open to everyone and registration is a fast and simple process: simply log-on to www.alz.org/WNY or call 1.800.272.3900. Site check-in and day-of registration begins at 9 a.m., the opening ceremony starts at 10 and the walk gets under way at 10:10.

Everyone who registers to walk receives a nylon pinwheel flower as a remembrance of the day. The flowers come in four colors and symbolize the various reasons to participate. For instance, a purple flower means “I’ve lost someone to the disease.” Often, personal messages are written on the flowers before they are “planted” in the Promise Garden at the site, which is a visual representation of the pledge to remember, to honor, to care and to fight Alzheimer’s disease. The flowers are retrieved at the end of the event to take home.

There is no fee to register, but fundraising is strongly encouraged to ensure the Chapter can continue to provide local resources for the roughly 8,000 Genesee County residents who are directly impacted by Alzheimer’s. There are incentives for reaching certain fundraising goals, and participants have until Oct. 31 to raise money to qualify.

The WNY Walk to End Alzheimer’s is made possible through the support of these sponsors: Elderwood, West Herr Toyota, Tim Horton’s and WCJW.

Press release:

The Genesee County Office for the Aging is critically short of volunteers to take seniors to medical appointments and deliver Meals-on-Wheels.

Currently there are individuals in need of help through the Medical Transportation Program, but there are not enough volunteers to provide this service.

Courtney Iburi, specialist, Aging Services, noted that this shortage of volunteers, “may mean that one of our seniors will miss a medical appointment, putting their health at risk."

The program is free for individuals in Genesee County, 60 years of age and older, who need transportation to medical appointments outside Genesee County.

Additionally, the Meals-on-Wheels program which provides a noontime meal to homebound individuals five days a week is short-handed. Current volunteers are helping by doing two or even three routes a day to ensure delivery of the meals.

Supplemental liability insurance is provided to all volunteers and mileage reimbursement may be available.

Individuals interested in more information may contact Dorian Ely, director of the RSVP Volunteer Placement Program at the Office for the Aging at 585-343-1611.

A driver from Batavia was uninjured in an accident Thursday in Wyoming County after he apparently fell asleep.

Alex Jarvela, 25, was, however, cited by State Police. Jarvela received traffic tickets for allegedly moving from lane unsafely and driving left of pavement markings in a no-passing zone.

The accident occurred on Route 246, Town of Perry.

Jarvela was southbound when his vehicle drifted into the northbound lane and exited the highway off the east shoulder, coming to rest in a ditch.

The Perry and Perry Center fire departments assisted at the scene.

New York Times: Albany Doubling Down as Casino Boom Fades

Tonight was the second super moon of 2014. Here it is over Downtown Batavia.

I went out this afternoon to see if I could get a photo of the accident on the Thruway in East Pembroke. There was no vantage point for an accident photo, but I did come back with three pictures from Slusser Road.

A barn fire is reported at 7629 Sand Hill Road "at the curve," on the Tonawanda Indian Reservation. Alabama, Pembroke, Indian Falls and Akron fire departments are responding. One caller to dispatch so far.

UPDATE 8:34 p.m.: Indian Falls and another unit are returning to service. No status reported on the blaze.

UPDATE 8:50 p.m.: All responders back in service.

A motorcycle wreck with injuries is reported at the Batavia off-ramp of the westbound Thruway. Town of Batavia fire and Mercy medics are responding.

UPDATE 7:55 p.m.: A responder on scene reports minor injuries.

A motorcycle accident is reported on Colby Road just south of Sumner Road. There are injuries and Mercy Flight #8 from Buffalo is called to the scene. Darien fire will be establishing a landing zone nearby.

UPDATE 7:47 p.m.: Mercy Flight has landed.

UPDATE 8:04 p.m.: Mercy Flight is airborne and headed to a hospital in Buffalo.

UPDATE 8:22 p.m.: The Darien assignment is back in service.

A motor-vehicle accident, unknown injuries, is reported at 10465 Perry Road, just south of Route 20. A pole and wires are down. Pavilion fire and Mercy medics are responding.

A one-vehicle rollover accident is reported on the westbound Thruway at mile marker 396. East Pembroke fire and Mercy medics are responding.

UPDATE 3:30 p.m.: There are reports of entrapment.

UPDATE 3:39 p.m.: Mercy Flight #7 is called to the scene -- availability is checked.

UPDATE 3:44 p.m.: Town of Batavia Engine 24 just arrived, too.

UPDATE 3:53: Two ambulances will be needed.

UPDATE 4:21 p.m.: Three children are being transported to Women & Children's Hospital in Buffalo. The assignment is back in service.

The following people were arrested by the Genesee County Sheriff’s Office during the One Republic concert at Darien Lake Performing Arts Center on Saturday:

Christopher M. Kirsch, 19, of Gerald Drive, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Bryce R. Feiner, 18, of West 70th Street, Dunkirk, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jenna R. Andolina, 18, of Tisbury Road, Hamburg, was issued a ticket for alleged possession of a fictitious Pennsylvania Identification Card.

Jim Owen and Kathy Hochul at Saturday's Batavia Muckdog's game at Dwyer Stadium. 

Owen was one of Hochul's teachers in high school. Hochul is the former congressional representative for Genesee County and a current candidate for lieutenenant governor.

Photo provided by Hochul's campaign staff.

The Ghost Riders played Jackson Square on Friday evening.

Photos by Amanda Earl.

Among the artists painting fire hydrants Downtown this weekend as part of a Vibrant Batavia project was Brian Kemp, co-owner of T-Shirts Etc. Kemp painted the hydrant in front of the Key Bank location.

Photos by Amanda Earl.

A vehicle has struck a guard rail on the eastbound Thruway, unknown injuries. It is on its side. The first caller to dispatch said it was a tractor-trailer. The second caller thought it was a pickup truck hauling a camper. Town of Batavia fire and Mercy medics are responding. The mile marker is 385.

UPDATE 2:03 p.m.: A responder says there are no injuries, but the accident is blocking two lanes of traffic, which will have to be routed through the passing lane.

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.