Norton BZA approves 8-foot fence variance at 4145 Tapper Road, contingent on building permit

The City of Norton Board of Zoning and Building Appeals on June 17 approved a variance allowing an 8-foot privacy fence at 4145 Tapper Road, contingent on the applicant obtaining a building permit.

Zoning Administrator Bill Grama told the board that the city's residential zoning limits fence height to 6 feet in rear yards and that 8- and 10-foot fences are permitted only in business or industrial zones. "In a residential neighborhood, rear yards' maximum fence height is 6 foot," Grama said, and he advised that any fence higher than 6 feet will require a building permit.

The variance petition, filed May 30, 2025 as BZA application A07/2025, was presented by homeowner Justin Harlemer, who said the request was motivated by safety and privacy concerns after repeated incidents involving a neighboring household. "This request is not about appearance or sound like it usually would be. It's about safety, privacy, and the well-being of my family," Harlemer said, adding that police reports and photos of alleged criminal mischief were available to the board.

Neighbor Shilo Yuhas, whose property runs along the same fence line, said she supported a 6-foot fence but opposed an 8-foot privacy fence. "I am not opposed to putting the fence there. I just am opposed to having the 8 foot variance there," Yuhas said, citing concerns that an 8-foot fence would reduce sunlight to her garden, change neighborhood aesthetics and potentially affect property value.

Board members asked questions about where the proposed fence would start and how it would be placed relative to an existing chain-link fence; Harlemer said the new fence would begin at the back corner of the house, run approximately 75 feet, and be built about 12 inches inside the existing chain-link line. He described the fence as board-on-board with two steps to accommodate grade changes and said he planned 18 post holes at 8-foot spacing.

The board heard that Harlemer's family has been involved in ongoing court proceedings related to vandalism and that the neighbor has mounted a surveillance camera elevated above the fence line; Harlemer said the camera is aimed toward his pool and gazebo area and that the camera installation followed other incidents. Board members and staff clarified that the BZA and zoning department do not have jurisdiction to order removal of private surveillance equipment and that any camera-related relief would be pursued through law enforcement or the courts.

After discussion the board voted to approve the variance as submitted, contingent on the applicant obtaining the necessary building permit. The secretary called the roll and recorded "yes" votes from Mr. Williams, Mr. Smith, Mr. Mullins, Mr. Swidenko and Miss Fletcher; the chair then declared the hearing closed.

Votes at a glance: Motion to approve BZA application A07/2025 for an 8-foot privacy fence at 4145 Tapper Road, contingent on a building permit ' approved by roll-call vote (Williams: yes; Smith: yes; Mullins: yes; Swidenko: yes; Fletcher: yes).

The zoning administrator said the city will issue the required permit through its online portal; because the applicant paid the hearing fee, no additional fee will be charged for the permit application. Harlemer was told his fence company will receive the zoning permit once the application is entered in the portal.

No further public hearings on this application were scheduled. The board moved on to routine minutes approval and adjourned.