RESOLUTION OF THE WEBSTER TOWN BOARD TO GRANT LIMITED RELIEF FROM AN ESTABLISHED EASEMENT AT 1081 FAWN WOOD 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 19th day of October, 2023 at 7:30 p.m., there were present: Supervisor Thomas J. Flaherty Councilman William G. Abbott Councilman John J. Cahill Councilwoman Patricia T. Cataldi Councilwoman Ginny L. Nguyen The following Resolution was offered by ________________ and moved its adoption: WHEREAS, a 15 foot wide drainage easement was granted to the Town of Webster running parallel to the western property line of property at 1081 Fawn Wood Drive, Town of Webster; and WHEREAS, such easement is recorded in the Monroe County Clerk’s Office in Liber 266 of Maps at Page 78; and WHEREAS, Joan Cottrell and Cody Cottrell own the property located at 1081 Fawn Wood Drive, Town of Webster, Tax ID #080.04-1-48; and WHEREAS, Joan Cottrell and Cody Cottrell have applied to construct an 85-foot long 6' high wooden dog-eared style privacy fence along the western border and property line of their property at 1081 Fawn Wood Drive, Town of Webster, within and upon both the abovereferenced Town drainage easement; and WHEREAS, the applicants have requested relief from the Webster Town Board to allow the 6' high wooden dog-eared style 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 the application of Joan Cottrell and Cody Cottrell, owners of the property located at 1081 Fawn Wood Drive, 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 an 85-foot long 6' high wooden dog-eared style privacy fence which will exist upon and encroach upon both the above-referenced Town drainage easement affecting 1081 Fawn Wood Drive, Town of Webster.
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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 such easement exists in its current location as shown on the map of a survey prepared by WARREN R. McGRAIL, Land Surveyor, 1945 East Ridge Road, Rochester, NY 14622, and shall be removable. B. The 6’ wooden dog-eared style privacy fence shall not be expanded to further encroach on or in the easement, nor will it be moved from its permitted place within the easement. C. In the event the placement and/or size of such fence and gate is not in conformance with the Zoning Code of the Town of Webster, such fence shall not be constructed unless the proper variance(s) is/are received from the Town of Webster Zoning Board of Appeals D. Upon the destruction or demolition of the aforesaid fence, or any part thereof, through natural causes or otherwise, the Owners of the fence will not reconstruct it without a specific Resolution of the Town Board authorizing their replacement or reconstruction. E. The Owners of the fence shall be solely responsible for any damage caused by or to the sign as a result of the Town’s maintenance of said easements, and the Owners of the fence, 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 sign as a result of work done by the Town as a result of reasonable and necessary work done by the Town within said easement. F. 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 of the fence to such removal or taking down. G. 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 fence and the Town of Webster will enter into a licensing agreement incorporating all of the conditions of this Resolution in form and substance as approved by the Town Attorney, and which will further provide that the Owners, at their 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 Thomas J. Flaherty Councilwoman Patricia T. Cataldi Councilwoman Ginny L. Nguyen Councilman William G. Abbott Councilman John J. Cahill 2
Aye/Nay Aye/Nay Aye/Nay Aye/Nay Aye/Nay
MOTION CARRIED/DENIED Enter: October 19, 2023 _________________________________________ DOROTHY M. MAGUIRE Town Clerk, Town of Webster
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