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North Providence board approves 8-foot fence at 9 Berry Court after property-line concerns
Summary
A North Providence municipal board voted to recommend approval of an 8-foot fence (a 2-foot height variance) at 9 Berry Court, approving the request as drawn on the applicant's site plan while noting a potential property-line dispute with an abutting church and advising the parties to resolve it privately.
A North Providence municipal board voted to approve a recommendation to the Zoning Board allowing an 8-foot fence (a 2-foot height variance) to be built along the rear property line at 9 Berry Court.
The applicant, Boris, said he sought the taller fence after a nearby court was expanded and his yard experienced increased foot traffic, trespass and flying tennis balls. "I just want privacy... I just want balls not in my yard," Boris told the board during the public meeting.
The matter drew support from an abutting property representative, Theodore Nielsen, who spoke for the neighboring church in North Providence. Nielsen said the church had "had trespassers, and and they vandalized the building, windows in particular," and told the board the church did not oppose the variance so long as the property line would be clearly established by a surveyor.
A town staff member told the board that North Providence does not require permits or surveys to install a fence. "The town doesn't require permits for fences or surveys," the staff member said, noting that a survey is not a standard requirement but that the board could make one a condition of approval if it chose.
Board members discussed the options. One member said that requiring a survey could place an "undue burden on the homeowner"; another noted that the applicant could still build a conforming 6-foot fence without a survey but that a 6-foot fence would not meet the applicant's stated needs. The applicant and church representative were present at the meeting and the board debated whether to make a survey a condition of approval.
Ultimately the board approved the requested relief as submitted on the applicant's site plan, with the single condition that all construction strictly conform to the yellow-highlighted area on the submitted plan. The board did not impose a general requirement that the land be surveyed before construction. Members cautioned the applicant that, if the fence is placed on the church's land, the resulting dispute would be a civil matter between property owners and that the town would not intervene.
Next steps: the board's action is a recommendation to the Zoning Board; the applicant may proceed with construction that conforms to the approved site plan. If either property owner contests the location after construction, the parties would need to resolve the matter privately or through the courts.
