Text · page 10 of 12
DRAFT Chairman Ms. Rood: I would like to make a motion to open the hearing for petition #654, Peter Trembley, 9432 Boston State Road seeking an area variance for 2-foot fence height per town of Boston code 123-135 erect a 6- foot-high fence. Vote Taken: Ms. Zylinski Yes [X] No [ ] Mr. May Yes [X] No [ ] Mr. Ballard Yes [X] No [ ] Ms. Pryor Yes [X] No [ ] Chairman Ms. Rood Yes [X ] No [ ] Chairman Ms. Rood: I will read a letter from Peter & Kathleen Trembly To the town of Boston and whom it may concern the purpose of this letter and application is for an area variance regarding a replacement fence constructed on our property located at 9432 Boston State Road. Last spring, we constructed a wooden fence along the front property of our home extending to the woods line to replace the existing chain link fence there, which was in deteriorating condition. At the time of construction, there was no permit requirement for fence construction. Therefore, we were unaware of any maximum height limit across the line of the house. Thus, a 6- foot fence was constructed for safety and privacy rather than the existing 4-foot fence. Again, we were unaware that this was a code violation. We moved our property in the summer of 2022 and have 4 young children under the age of 8 who play outside frequently. Our home is situated rather close to the property, close to the road on the property and without a more substantial fence. The children are at risk of wandering close to the road. It was highly visible to anyone on the street. As Boston State Road is a highly traveled road by both vehicles and pedestrians, the fence we erected was designed with the intention of keeping our children away from the street as well as safe in our property. The fence is constructed and does not pose an eye sore to neighboring houses. At its current height, the new fence gives us increased peace of mind about our family's security. With this information in mind, the attached materials constitute our application for an area variance to keep the fence at its current height. We appreciate your time and consideration.” Code Enforcement Officer Mr. Reed: The petitioner had installed a fence across frontline last year at 6-foot in height, exceeding the 4-foot height allowed. At that time, no billing permit was required. They were advised to either cut down the fence to 4 feet or seek an area variance for the 6-foot height, and that's what they did. I also sent a letter to Mr. Trembley stating that the 4-foot fence was not in compliance. Mr. Peter Tremblay: Mr. Hello. I'm Peter Tremblay, and I live at 9432 Boston State Road. On our property at 9432 Boston State Road. We had trees taken down and they took down the rest of the chain link fence and so I put up a 6-foot fence. I did look online and I tried to find a New York state code. All I saw was like nothing under 8-foot. Nothing above 8-foot. So, I went with the 6-foot and then got a letter from Mr. Reed informing me that the highest you're going to go is 4 feet at the front of your house. I would like to keep it at 6 feet because of where we are on the road and how our backyard is situated. There there's a big ravine right at the back so it's a small backyard of our house and then larger next to it. So, this allows the kids to play with where we could see them outside the windows and kind of close to our house. Chairman Ms. Rood read a letter from our Planning Consultant, Sarah DesJardins regarding Petition Number #654. Peter Tremblay is requesting an area variance for offense at 9432 Boston State Road. This action is classified as a type 2 action and therefore not subject to review under SEQR. Chairman Ms. Rood: I took a ride past and, you know, don't think there's any big problem with it personally. No. I mean And, you know, what you don't know, you don't know. Well, we didn't have code written. No code,