Grace Wissler, a travel agent and mother, said she worked hard to buy a house and move from Brooklyn to suburban Mineola, where her family lives on the corner of Beebe Road and Florence Road. But now, Wissler finds herself frustrated with a village ordinance as she attempts to enjoy one of the comforts of suburban life, a modest-sized oval pool.

In order to install a pool, the property needs a fence around it but because the Wissler family lives on a corner property, they face regulations with regard to fencing. Section 30.61, part B of the village code states that "on corner lots, no rear yard fence shall extend nearer the street than the side line of the dwelling."

In essence, the Wisslers want to build a fence out to their property line along the edge of the sidewalk in order to allow for a pool. However, the village code prevents it.

Putting up a fence and a pool on one's property may not seem to be too much to ask. However, the law was put in to preserve Mineola's suburban characteristics and aesthetic look by keeping views of suburban areas unobstructed by fences. The law is thought of as one of the ways the village keeps its suburban feel by ensuring that properties on the corner not be fenced to the edge of the property line so that sight lines remain open.

Wissler's first action was to obtain a variance from the village's Board of Zoning and Appeals. After having gone through the process of applying to and presenting the case, the variance for a six-foot fence along the edge of the Wisslers' property along Florence Road was denied as being detrimental to public safety as well as not keeping with the neighborhood and local zoning in effect when property was purchased.

Wissler again appeared in front of the board of zoning and appeals in 2005. This time, the board granted her a variance for a fence that could be put along the side of her property. However, the fence has to be at least eight feet from the Florence Road sidewalk.

The variance granted by the Board of Zoning and Appeals would satisfy Wissler's need for privacy. However, it would not satisfy the space requirements for the pool.

In the last few months, Wissler has appeared at public meetings of the mayor and the Village of Mineola Board of Trustees, appealing the decision of the zoning board. However, the mayor and the village board cannot supersede the decisions of the Zoning Board. Therefore, Wissler is lobbying to do something within the village board's power to do - change the ordinance on corner properties.

She has circulated petitions and at the most recent public meeting, she submitted them. Jeanne Falabella, a resident of First Street, has joined the crusade in getting the ordinance removed from corner properties. In a statement read to the mayor and the board, Falabella claimed that the regulation was an unnecessary imposition on corner property owners. "The decision to fence or not should be left to the individual property owner," she said.

Grace's husband Joe Wissler pointed out that there are many fences in the neighborhoods yet those fences remain as the code goes unenforced. "If it were for everybody then I would accept it," he said, adding that his children should enjoy the yard he paid for.

While safety of children playing in the yard and privacy may be a motivating factor, the Board of Zoning and Appeals did grant the Wisslers a variance for a side fence that would satisfy both safety and privacy. However, the Wisslers claim they would be using part of their yard. In addition, the pool would be too close to the fence. "It would look ridiculous for a fence to be through the inside of the yard," Joe Wissler said.

Mineola Mayor Jack M. Martins and trustees Larry Werther, Linda Fairgrieve, Paul Cusato and John DaVanzo were not on the board when the ordinance was written in the code, which is estimated to be 1988, though they are now faced with an issue of whether to amend the zoning code, which would apply to every corner property.

Mayor Martins, who ironically owns a corner property, said nobody wants to deprive people of privacy. However, the mayor made it known that a configuration for an amendment to the fence code must fit in with the suburban landscape and not create a hardship for other property owners such as those who live alongside corner properties. The mayor said the issue would be looked into rationally to see if a solution can be worked out, but the board will not rush into changing the zoning code if there is a chance it can cause problems later.

The problem has been a frustrating one for the Wissler family, who simply want to enjoy a pool in the backyard they own. While it sounds reasonable enough, it raises the question of whether changing a law each time it impedes with a individual resident's desire to do something with their home is in the best interests of all the residents of the village.