Minutes · Webster Civic

Webster Town Board

September 19, 2024

A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at

7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,

with the following officials present:

Supervisor ................................................................................ Thomas J. Flaherty

Councilman ...................................................................................... John J. Cahill

Councilwoman............................................................................ Ginny L. Nguyen

Town Attorney .............................................................................. Charles Genese

Town Clerk .................................................................................. Danene M. Marr

Absent:

Councilwoman........................................................................... Patricia T. Cataldi

Councilwoman...........................................................................Jennifer S. Wright

***

Supervisor Flaherty led the Pledge of Allegiance to the Flag.

***

The meeting was open to the floor for public comment. No comments were received.

***

Resolution No. 274: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve the September 5, 2024 Town Board Meeting Minutes as submitted by the Town Clerk.

Vote on motion:

Supervisor Flaherty ............ Aye

Councilman Cahill ............ Aye

Councilwoman Nguyen ...... Aye

Motion carried .................. 3-0

***

Resolution No. 275: MOTION by Councilwoman Nguyen, seconded by Councilman Cahill, to

approve the bills as submitted in Warrant #0924A by the Director of Finance.

Fund

General (A,B) CL #2832-3238

Highway (C,D)

Sewer (G)

Library (L)

Drainage Districts (M)

Park Districts (P)

Water Districts (R/SW)

Sewer Districts (J)

Trust & Agency (T/A,N/SF,T/T, WEMS)

Capital Projects (H) #115-122

H232 Highway Garage Building

H237 Coca-Cola/ FAIRLIFE

H239 Shipbuilders Creek Rehab

TOTAL

Inside

157,758.91

725,118.51

34,317.62

92,169.73

3,510.68

10,133.00

0.00

Outside

279,749.49

10,937.45

93,349.33

1,919.08

0.00

6,228.13

221,468.63

Total

437,508.40

736,055.96

127,666.95

94,088.81

3,510.68

10,133.00

6,228.13

221,468.63

326,494.10

10,320.10

382.50

1,360,205.15

0.00

619,880.24

326,494.10

10,320.10

382.50

1,980,085.39

09-19-2024

Webster Town Board

Vote on motion:

Supervisor Flaherty ............ Aye

Councilwoman Nguyen ...... Aye

Councilman Cahill ............ Aye

Motion carried .................. 3-0

***

Resolution No. 276: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

approve the prepaid vouchers included in Warrant #0924A by the Director of Finance in the

amount of $619,880.24. [Included in the summary of vouchers approved in Resolution #275]

Vote on motion:

Supervisor Flaherty ............ Aye

Councilman Cahill ............ Aye

Councilwoman Nguyen ...... Aye

Motion carried .................. 3-0

***

Resolution No. 277: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

approve purchase orders as submitted by the Director of Finance.

Vote on motion:

Supervisor Flaherty ............ Aye

Councilman Cahill ............ Aye

Councilwoman Nguyen ...... Aye

Motion carried .................. 3-0

***

Resolution No. 278: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

schedule a Public Hearing for the proposed 2025 Town of Webster Budget and to publish the

following Notice in the Webster Herald on October 2, 2024 and October 9,2024.

NOTICE IS HEREBY GIVEN

That the Preliminary Budget of the Town of Webster for 2025 has

been completed and filed with the Town Clerk where it is available for public inspection during

regular office hours.

FURTHER NOTICE IS HEREBY GIVEN

That the Town Board will meet, and review said

Preliminary Budget and hold a Public Hearing thereon at the Webster Town Board Room, 1002

Ridge Road, Webster, New York at 7:30 p.m., on Thursday, October 17, 2024. At said Public

Hearing any person may be heard in favor of or against the Preliminary Budget as compiled or any

items contained therein.

PURSUANT TO SECTION 108 OF THE TOWN LAW the proposed salaries of the elected

officials are specified as follows:

Supervisor......... $119,955

Councilperson... $ 22,319

Justice............... $ 50,373

Vote on motion:

Supervisor Flaherty ............ Aye

Councilman Cahill ............ Aye

Councilwoman Nguyen ...... Aye

Motion carried .................. 3-0

***

Resolution No. 279: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

grant limited relief from an established easement at 860 Buttermilk Circle.

09-19-2024

Webster Town Board

WHEREAS, a 25 foot wide sanitary drainage easement was granted to the Town of Webster as

shown in a map as recorded in the Monroe County Clerk’s Office in Liber 165 of Maps, Page 34

on and along the rear boundary of the property at 860 Buttermilk Circle, Town of Webster; and

WHEREAS, Michael P. Hussar is the owner of the property located at 860 Buttermilk Circle,

Town of Webster, Tax ID #094.06-1-10; and

WHEREAS, the owner is desirous of placing a 10’ x 12’ pre-constructed shed upon and in the

aforesaid easement, set back five feet from and in the south and east corner of the property

boundary as set forth and shown (drawn) on an Instrument Survey Map as prepared by Land

Tech Surveying and Planning, P.L.L.C., LS #050348, 3708 St. Paul Boulevard, Rochester New

York, dated June 4, 2012; and

WHEREAS, the applicant has requested relief from the Webster Town Board to permit the

aforesaid 10’ x 12’ pre-constructed shed to be placed in and upon, and exist and encroach within

said easement; 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 Michael P. Hussar, owner of 860 Buttermilk Circle, 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 placement of a 10’ x 12’ pre-constructed shed upon and

encroaching upon the easement affecting 860 Buttermilk Circle, Town of Webster.

2. This Resolution in no way applies to any other encroachment, violations or relief sought by

the owner, his 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 shed shall encroach upon the said easement as proposed as shown on the survey map

prepared by Land Tech Surveying and Planning, P.L.L.C., LS #050348, 3708 St. Paul

Boulevard, Rochester New York, dated June 4, 2012, and shall be removable.

B. The shed shall not be expanded or enlarged to further encroach on or in the easement, nor

will it be moved from its permitted place 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 shed or any part of it, through natural

causes or otherwise, the Owner of the shed will not reconstruct it without a specific

Resolution of the Town Board authorizing its replacement or reconstruction.

D. The Owner of the shed shall be solely responsible for any damage caused by or to the

shed as a result of the Town’s maintenance of said easement, and the Owner, his

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 shed as a result of work done by the

09-19-2024

Webster Town Board

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 shed, without recourse

by the Owner or 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 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 his expense, will record the

licensing agreement in the Monroe County Clerk’s Office.

Vote on motion:

Supervisor Flaherty ............ Aye

Councilwoman Nguyen ...... Aye

Councilman Cahill ............ Aye

Motion carried .................. 3-0

***

Resolution No. 280: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to

grant limited relief from an established easement at 1436 State Road.

WHEREAS, a 25+ foot wide sanitary sewer easement was granted to the Town of Webster and

recorded in the Monroe County Clerk’s Office in Liber 266 of Maps, Page 78, running through

the center of the property (west through east) at 1436 State Road, Town of Webster; and

WHEREAS, Ethan and Stephanie Printy are the owners of the property located at 1436 State

Road, Town of Webster, Tax ID #080.04-1-35; and

WHEREAS, Ethan and Stephanie Printy have applied to erect a four foot high chain link fence in

two places upon, within and through the aforesaid easement 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, the applicants have requested relief from the Webster Town Board to permit the

aforesaid vinyl privacy fence to exist upon and encroach within said easement; 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 Ethan and Stephanie Printy, owners of 1436 State Road, Town of

Webster, Tax ID # 080.04-1-35 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 vinyl privacy fence which will exist upon and encroach upon the easement

affecting 1436 State Road, Town of Webster.

09-19-2024

Webster Town Board

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 fence shall encroach upon the said easement as proposed as shown on the

survey map prepared by O’Neill Rodak, Land Surveying Associates, P.C., and dated

August 2, 2024, and shall be removable.

B. 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 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 fence or any part of thereof, through

natural causes or otherwise, the Owners of the fence will not reconstruct it without a

specific Resolution of the Town Board authorizing its replacement or reconstruction.

D. The Owners of the fence shall be solely responsible for any damage caused by or to the

fence as a result of the Town’s maintenance of said easement, and the Owners, 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 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 fence, without recourse

by the Owners 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 Owners of the proposed fence 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 his

expense, will record the licensing agreement in the Monroe County Clerk’s Office.

Vote on motion:

Supervisor Flaherty ............ Aye

Councilwoman Nguyen ...... Aye

Councilman Cahill ............ Aye

Motion carried .................. 3-0

***

Resolution No. 281: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to

grant limited relief from an established easement at 449 McEwen Drive.

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 81, running along the

south side of the property (west through east) at 449 McEwen Drive, Town of Webster; and

09-19-2024

Webster Town Board

WHEREAS, George and Katie Kugler are the owners of the property located at 449 McEwen

Drive, Town of Webster, Tax ID # 093.06-1-22; and

WHEREAS, George and Katie Kugler have applied to remove an existing and re-locate a six

foot high vinyl privacy fence upon, within and through the aforesaid easement 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, the applicants have requested relief from the Webster Town Board to permit the

aforesaid vinyl privacy fence to exist upon and encroach within said easement; 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 George and Katie Kugler, owners of 449 McEwen Drive, Town of

Webster, Tax ID # 093.060-01-022 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 vinyl privacy fence which will exist upon and encroach upon the easement

affecting 449 McEwen Drive, 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 fence shall encroach upon the said easement as proposed as shown on the

survey map prepared by Bileschi Land Surveying Associates, 435 Reynolds Arcade,

Rochester, New York 14614, and dated January 30, 2017, and shall be removable.