Massapequa Village Board voted unanimously this past week to amend the village ordinance regarding fences and similar obstructions to allow 6 foot solid fences on certain areas of the resident's property without going before the zoning board of appeals.

The new ordinance, as read by Village Attorney Robert Leff, reads, "No person shall erect, in any residential district of the village, a solid fence, such as, but not limited to; a basket-weave fence, a solid board fence, or any synthetic or metal solid fence that is greater than 6 feet in height or is before the front house setback. Nor shall there be erected, in such zone, any fence more than 48 inches in height, excepting in the rear of the front line of the house in which case the same shall not be more than 6 feet. On corner plots the front and street sides shall be limited to non-opaque, not solid fences, no higher than 48 inches."

Previously if a resident wanted to erect a fence greater than 4' they had to receive a variance from the zoning board of appeals. One resident, Arlien Werner, spoke out during the public hearing, asking the board to reconsider this change. Werner asked the board if this amendment was only being enacted because the zoning board of appeals was backed up. The village board said that this was not the case and John O'Brien, vice chairman of the zoning board of appeals noted that over 99 percent of the residents who had gone in front of the zoning board for a variance received it and said that with this amendment they were trying to avoid an unnecessary procedure for the residents.

Werner was disturbed by the amendment because it would take away neighbors' rights to object to the variance, which could possibly cause a resident to be boxed in on three sides with no input. "You are taking away the recourse of the neighbors in the area," said Werner. She added that the construction of these fences would restrict airflow and detract from the natural beauty of the village.

Les Astrof, a resident with a pool, stated, "It's a hard call." He noted that because of his pool he is in favor of being able to erect a 6 foot fence but added, "At the same token I understand what Arlien's saying. When you drive through certain neighborhoods and all you see are these big 6 foot fences, it just takes away from the natural beauty, where before you had people having shrubs." He questioned whether the amendment could be changed to just allow the 6 foot fences in the back yards.

Werner made two suggestions to the board about possible specifications in the new amendment. The first specification she suggested was for the fences to be in the backyards for pools, dogs, children, etc., starting at the back house line rather than the front house line. Her second suggestion was that instead of saying residents didn't need a variance for solid fences, allowing instead fences that permitted airflow, without a variance.

Jim Altadonna commended the board for the amendment to the ordinance, stating, "Now that people are concerned about privacy and concerned about safety for their children I don't see why people have to come before the zoning board and waste an inordinate amount of time to do something that's their right."

Harry Jacobson, who served on the zoning board of appeals for nine years said that in that time the board only refused a 6 foot fence approximately six times, and recommended that the village board go through with the change.

Massapequa Park Mayor Camillo Giannattasio concurred that this was a very tough call for the board and stated that he remembered a time when there were no fences in Massapequa Park. He added, "Times have changed and at this point and time I believe that the right to privacy, the Constitutional rights of the homeowner outweighs any rights of the community towards aesthetics." He concluded, "I personally would rather err on the side of the Constitutional rights of the homeowners to erect fences for privacy and safety. I think those rights far outweigh the concern of this community with reference to aesthetics."