02-09-2005, 06:00 PM
http://www.democratandchronicle.com/apps.../1002/NEWS
Dad fearful for his son loses fight with village
Fence for autistic boy created traffic safety issues, Pittsford says
Dolores Orman
Staff writer
(February 9, 2005) — PITTSFORD — The picket fence that Sean Adams had installed to protect his autistic son was taken down this week.
But the legal issue remains. Adams is charged with contempt of court for failing since June to modify the fence because it was higher — by less than 1 foot — than permitted under Pittsford village law.
He also faces a $350 fine and more than $3,000 in penalties. The case is scheduled to be back in Pittsford Town Court on Feb. 17.
Adams blames the fence contractor and says officials were insensitive and uncooperative.
"Their actions are saying, 'We don't care if your son has autism,'" said Adams, who paid $6,000 to have the fence put up last March. He said his 7-year-old son "has no fear of danger."
Village officials say it's a matter of traffic safety because Adams' home is at the corner of East View Terrace and East Jefferson Road.
"Our inability to get some sort of resolution with Mr. Adams forced us to take him to court," said Pittsford Mayor Robert Corby, adding it was done "with great reluctance." The fence "affects the visibility and safety at the intersection. That's our primary concern. Of course we want to have the fence for the protection of his child."
Besides noting the unpaid $350 fine, the contempt notice served on Adams stated that the $100-per-week sanction if the fence isn't in compliance had reached a total of $3,400. That upset Adams because, after he failed to obtain a variance for the higher fence, he said he had kept the village informed of problems in getting the contractor to modify it.
"They were fining me the entire time I was having dialogue," he said.
The permitted maximum height of Adams' fence was 36 inches and the village's Architectural Review Board had mandated that the fence posts be 42 inches high, according to Gallina's decision in June. The fence posts were actually about 47 inches high and the pickets, 46 inches.
On Monday, on the advice of his attorney, Adams had the fence taken down.
"We're trying to resolve this to the mutual satisfaction of the court, Mr. Adams and the village," said Michael J. Masino, Adams' attorney.
Dad fearful for his son loses fight with village
Fence for autistic boy created traffic safety issues, Pittsford says
Dolores Orman
Staff writer
(February 9, 2005) — PITTSFORD — The picket fence that Sean Adams had installed to protect his autistic son was taken down this week.
But the legal issue remains. Adams is charged with contempt of court for failing since June to modify the fence because it was higher — by less than 1 foot — than permitted under Pittsford village law.
He also faces a $350 fine and more than $3,000 in penalties. The case is scheduled to be back in Pittsford Town Court on Feb. 17.
Adams blames the fence contractor and says officials were insensitive and uncooperative.
"Their actions are saying, 'We don't care if your son has autism,'" said Adams, who paid $6,000 to have the fence put up last March. He said his 7-year-old son "has no fear of danger."
Village officials say it's a matter of traffic safety because Adams' home is at the corner of East View Terrace and East Jefferson Road.
"Our inability to get some sort of resolution with Mr. Adams forced us to take him to court," said Pittsford Mayor Robert Corby, adding it was done "with great reluctance." The fence "affects the visibility and safety at the intersection. That's our primary concern. Of course we want to have the fence for the protection of his child."
Besides noting the unpaid $350 fine, the contempt notice served on Adams stated that the $100-per-week sanction if the fence isn't in compliance had reached a total of $3,400. That upset Adams because, after he failed to obtain a variance for the higher fence, he said he had kept the village informed of problems in getting the contractor to modify it.
"They were fining me the entire time I was having dialogue," he said.
The permitted maximum height of Adams' fence was 36 inches and the village's Architectural Review Board had mandated that the fence posts be 42 inches high, according to Gallina's decision in June. The fence posts were actually about 47 inches high and the pickets, 46 inches.
On Monday, on the advice of his attorney, Adams had the fence taken down.
"We're trying to resolve this to the mutual satisfaction of the court, Mr. Adams and the village," said Michael J. Masino, Adams' attorney.