September 16, 2021 Edition:
Perry Herald headlines property line discrepancy on Perry Ave. between two SLI residents and Castile Town Board
x
"Castile Town Board Stonewalls on Wall"
"It was the dilemma of a public road and a wall that came before Town of Castile officials at their Sept. 9, 2021 meeting last Thursday. SLI residents, Molly Anthony and William Rudd, who share a home in Silver Lake Institute tract, would like to work with the town to resolve their concerns over a crumbling retaining wall erected years ago by a previous owner.
"The couple says that if the wall, which is 1-2 feet from the east side of their home, falls and injures someone, the town would be liable. 'It's on your property,' Rudd said. 'In order to touch it, we need your permission.'
"Well, that's debatable. Rudd said the property survey shows the wall in the road right-of-way. Assessment records show it sits on a lot, #704, that belongs to Anthony. She purchsed the property with her late husband and they have paid taxes on it, according to assessor Tina McQuillen. Rudd gave copies of the property survey to each councilperson.
" 'If we own it, we don't want it and I'm trying to figure out a way to give it to you,' Rudd told Town Board members. 'The wall should be repaired.' The retired engineer proposed buying the material for the town to fix it.
"Town Attorney Devon Kelly has met twice with the couple and board members have visited the site. Kelly's records searches are not successful to date. 'I don't know who owns it, how they put the road in and whether it was a taking or easement,' Kelly said. 'As it sits, I can't prove [the town] owns the property and the wall or if we only have a right-of-way. How we got it makes a difference. It all depends on what the prior deed says and it should have shown in the deed search. We have a right to use the road but don't know how.'
"Silver Lake Institute years ago had small lots on which tents were erected by people staying at the lake for its assemblies. Most of the lots were eventually sold off. In the 1930s when the track got permission to have a post office, federal law stipulated that it could not be on a dead-end road. The tract extended Perry Avenue south to what is (or became) Chapman Avenue
"Councilman Frank Vitagliano said, 'I think someone put a wall in the town right-of-way.' The wall has steps going down into Anthony's private property. It was probably built to divert water running into the house and over the years that has caused it to erode. 'If the town owned the wall, you wouldn't get those steps,' he noted.
"Rudd has discussed with Deputy Superintendent of Highways Darryl Nourse a seven-foot reduction in the town's easement from Genesee Ave. to Chapman.
" 'We need more information,' Councilman John Hurst said before Supervisor Stan Klein closed the public comment section of the meeting. The Town's attorney will continue his research before recommending action or inaction by Town Board."
Comments? Click on Comments below or email
_________________________________________________
ONE YEAR SUBSCRIPTION TO THE WEEKLY HERALD
$49 check payable to
LS Press at 7851 State Route 39, Perry, NY 14530
Include your name and address
_________________________________________________
No comments:
Post a Comment
Genuine commenting is warmly welcomed--Advertising is not welcome in the Comment Section and will be removed without further explanation.