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June 11, 2008
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Zoners reject resident's request for 6-foot fence

MANALAPAN - Do "good fences make good neighbors"? The township Zoning Board of Adjustment tackled this issue recently in an attempt to determine just what is needed to ensure a resident's fence is good for him and his neighbors.

In the end, board members voted unanimously at their June 5 meeting to deny the application of a new resident who was seeking a variance in order to construct a fence that would have exceeded the 3-foot height allowed under the law.

Resident Perry D'Andrea told board members he moved into his Dayton Lane home in October. The home is set on a lot that is at the bend of the horseshoeshaped street in the Monmouth Heights development.

D'Andrea said he was seeking to extend 6-foot-high fencing - twice the allowable height under the zoning - that would jut farther out than would be aesthetically pleasing for the six or so neighbors who came to ask that board members deny the application.

Although they were opposed to D'Andrea's proposal, his neighbors were not unsympathetic to his concerns in wanting to fence his yard in to ensure the safety and privacy of his wife and minor children when they are in the yard.

A significant aspect of D'Andrea's situation is that his property has an extremely steep slope, about 8 feet. D'Andrea said he looked into engaging the services of an engineer to design a berm that might level the property, only to realize that it would prove too costly an undertaking.

After listening to D'Andrea's presentation and to neighbors who were concerned that the fence he was proposing would be so unappealing that it could cause neighboring homes to depreciate in value, the board members denied his application.

D'Andrea's neighbor, Lawrence Cirangle, is an architect who not only gave testimony, but also submitted some renderings to the board members and to D'Andrea for him to use in helping to develop an alternate plan for his yard and fencing design.

Speaking for many of the board members who were in sync with the reasons for denying the variance request, board member Diane Padlo said while the board members were sympathetic to D'Andrea's desire to provide a fenced-in yard for his children to play in, the board had to consider the impact any construction might have on his neighbors' property and not what it may cost him to conform to the zoning requirements.

Noting that D'Andrea made a decision to purchase the house knowing full well what his intentions were, Padlo said, "There are alternatives you can pursue. The natural recourse is a 3-foot fence, then fill it in with trees."