RESOLUTION ___ of 2024 OF THE WEBSTER TOWN BOARD TO GRANT LIMITED RELIEF FROM AN ESTABLISHED EASEMENT AT 1123 STONEGATE DRIVE, WEBSTER, NEW YORK 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 3rd day of October, 2024 at 7:30 p.m., there were present: Supervisor Thomas J. Flaherty Councilwoman Ginny L. Nguyen Councilwoman Jennifer S. Wright Councilwoman Patricia T. Cataldi Councilman John J. Cahill The following Resolution was offered by Supervisor Flaherty/
and moved its adoption:
WHEREAS, a 20+ foot wide sanitary sewer easement was granted to the Town of Webster and recorded in the Monroe County Clerk’s Office in Liber 230 of Maps, Page 83, running along the western boundary of the property at 1123 Stonegate Drive, Town of Webster; and WHEREAS, a 15+ foot wide drainage easement was granted to the Town of Webster and recorded in the Monroe County Clerk’s Office in Liber 230 of Maps, Page 83, also running along the western boundary of the property at 1123 Stonegate Drive, Town of Webster; and WHEREAS, Megan Sanna is the owner of the property located at 1123 Stonegate Drive, Town of Webster, Tax ID # 080.17-3-24; and WHEREAS, Megan Sanna has applied to erect a four foot high black chain link fence upon, within and through both the aforesaid easements in conformance with the height and setback requirements as set forth in the Code of the Town of Webster, and that in the event the placement and/or height of such fence is not in such conformance, such fence shall not be constructed unless the proper variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and WHEREAS, Megan Sanna has also applied to maintain a 9.7’ by 12.1’ frame shed upon, within and through the aforesaid sanitary easements in conformance with the setback requirements as set forth in the Code of the Town of Webster, and that in the event the placement of such deck is not in such conformance, such deck shall not be maintained unless the proper variance(s) is/are received from the Town of Webster Zoning Board of Appeals; and
WHEREAS, the applicants have requested relief from the Webster Town Board to permit the aforesaid fence and deck to exist upon and encroach within said easements; 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 Megan Sanna, owner of 1123 Stonegate Drive, Town of Webster, Tax ID # 080.17-3-24 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 four foot black chain link fence and maintain the aforesaid
shed which will exist upon and encroach upon the easements affecting 1123 Stonegate Drive, Town of Webster. 2. This Resolution in no way applies to any other encroachment, violations or relief sought by the owner, her 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 fence shall encroach upon the said easements as proposed as shown on the survey map prepared by Gary Guernsey, Land Surveyor, and dated March 9, 2020, and shall be removable. B. The existing shed shall encroach upon the said sanitary sewer easement as proposed as shown on the survey map prepared by Gary Guernsey, Land Surveyor, and dated March 9, 2020, and shall be removable. C. The proposed fence shall not be expanded to further encroach on or in the easement, nor will it be moved from its permitted places within the easements as shown on the Instrument Survey Map presented to the Town Board, and as referenced above, nor shall the shed be expanded or moved from its permitted place within the sanitary sewer easement. C. Upon the destruction or demolition of the aforesaid fence or shed or any part of thereof, through natural causes or otherwise, the Owner of the fence and shed will not reconstruct it without a specific Resolution of the Town Board authorizing its replacement or reconstruction. D. The Owner of the fence and shed shall be solely responsible for any damage caused by or to the fence as a result of the Town’s maintenance of either of said easements, 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 fence and/or shed as a result of work done by the Town as a result of reasonable and necessary work done by the Town within said easements. 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 fence and/or shed, without recourse by the Owner or her 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.
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The record Owner of the proposed fence and the existing shed 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 Town Attorney, and which will further provide that the Owner, at her expense, will record the licensing agreement in the Monroe County Clerk’s Office.
Seconded by Councilman/woman follows:
and duly put to a vote, which resulted as
Supervisor Thomas J. Flaherty Councilwoman Ginny L. Nguyen Councilwoman Jennifer S. Wright Councilman John J. Cahill
AYE/Nay AYE/Nay AYE/Nay AYE/Nay
Councilwoman Patricia T. Cataldi
AYE/Nay
MOTION CARRIED/Denied Enter: October 3, 2024 _________________________________________ DANENE M. MARR Town Clerk Town of Webster