RESOLUTION ___ of 2026 OF THE WEBSTER TOWN BOARD TO GRANT LIMITED RELIEF FROM AN ESTABLISHED STORMWATER DRAINAGE EASEMENT AT 950 LOTHARIO CIRCLE, WEBSTER, NY 14580 At a regular meeting of the Webster Town Board of the Town of Webster, Monroe County, New York, held at the Town Board Meeting Room, 1002 Ridge Road, Webster, New York on the 15th day of October, 2026 at 7:30 p.m., there were present: Supervisor Alexander B. Scialdone Councilman John J. Cahill Councilman Nicholas E. Hunter Councilman Garrett J. Wagner Councilwoman Jennifer S. Wright The following Resolution was offered by ___ and moved its adoption: WHEREAS, a stormwater drainage easement running north-south through the property at 950 Lothario Circle, Webster, NY 14580 recorded in the Monroe County Clerk’s Office; and WHEREAS, Fuat Kara is the owner (the “Owner”) of the property located at 950 Lothario Circle, Webster, NY 14580, Tax ID #079.13-4-1; and WHEREAS, the Owner has applied to install a above ground pool, pool deck, and fire pit upon and, within the aforesaid easement, and that in the event the placement and/or height of such pool, deck or fire pit is not in such conformance, such items shall not be constructed unless the proper variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and WHEREAS, the Town of Webster has the authority to grant the relief requested, and the public good will not be harmed thereby: NOW, THEREFORE BE IT RESOLVED: 1. Pursuant to application of the Owner of the property located at 950 Lothario Circle, Webster, NY, Tax ID #079.13-4-1 and in recognition of the hardship created if the relief sought herein is not granted, the limited detriment to the Town of Webster, and upon consideration of all relevant factors, the Webster Town Board hereby allows the construction of the aforesaid above ground pool, pool deck, and fire pit which will exist upon and encroach upon the easement affecting 950 Lothario Circle, Town of Webster. 2. This Resolution in no way applies to any other encroachment, violations or relief sought by the owners, their successors, grantees or assigns from any other building, structure or zoning violation which may exist on such premises. 3. This relief is granted upon the following conditions: A. The proposed above ground pool, pool deck, and fire pit shall encroach upon the said easement as proposed as drawn on the survey map prepared by Thomas A. Rodak and dated March 7, 2025.
B. The proposed above ground pool, pool deck, and fire pit shall not be expanded to further encroach on or in the easement, nor will it be moved from its permitted places within the easement as shown on the Instrument Survey Map presented to the Town Board, and as referenced above. C. Upon the destruction or demolition of the aforesaid above ground pool, pool deck, and fire pit or any part of thereof, through natural causes or otherwise, the Owner of the items will not reconstruct it without a specific Resolution of the Town Board authorizing its replacement or reconstruction. D. The Owner of the above ground pool, pool deck, and fire pit shall be solely responsible for any damage caused by or to the items as a result of the Town’s maintenance of said easement, and the Owner, their successors and assigns further agree to indemnify, defend and hold the Town harmless from any and all loss or damage caused to or by the above ground pool, pool deck, and fire pit as a result of work done by the Town as a result of reasonable and necessary work done by the Town within said easement. E. In the event of an emergency, or if the Town deems it necessary or imperative, the Town will have the right to remove or take down all or any part of said above ground pool, pool deck, and/or fire pit, without recourse by the Owner or their successors or assigns to such removal or taking down. F. This Resolution shall in no way affect the rights, if any, of any other public entities or public utilities in or to said easement. 4. The record Owner of the above ground pool, pool deck, and fire pit and the Town of Webster will enter into a licensing agreement incorporating all the conditions of this Resolution in form and substance as approved by the Attorney for the Town, and which will further provide that the Owner, at his expense, will record the licensing agreement in the Monroe County Clerk’s Office. Seconded by ___ and duly put to a vote, which resulted as follows: VOTE ON MOTION: Supervisor Alexander B. Scialdone Councilman John J. Cahill Councilman Nicholas E. Hunter Councilman Garrett J. Wagner Councilwoman Jennifer S. Wright
AYE/NAY AYE/NAY AYE/NAY AYE/NAY AYE/NAY
MOTION CARRIED/DENIED Enter: October 15, 2026 _________________________________________ DANENE M. MARR Town Clerk Town of Webster