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Property owners ask to install fence on Lancaster Street right-of-way; solicitor proposes removable license agreement
Summary
Jason and Alicia Fry asked to install a fence across a right-of-way on Lancaster Street; Solicitor Craley proposed a written agreement allowing the fence with the requirement it be removed should the Borough ever open the street.
Jason and Alicia Fry, property owners on E. Lancaster Street, asked council whether they could install a fence and gate across an existing borough right-of-way because the Borough may someday open Lancaster Street. They had a permit and survey but were concerned about future borough plans for the right-of-way.
Solicitor Samantha Craley advised that the Borough and the Fry family could enter an agreement allowing the fence with the understanding the fence would be removed should the Borough later open Lancaster Street. She also recommended the Frys confirm whether the Municipal Authority has utilities in that area before installing the fence. Council did not take final action but offered to prepare a written agreement if the parties wish to proceed.
The Frys were directed to coordinate with staff and the Municipal Authority before proceeding with installation to avoid utility conflicts or later forced removal.
