Council tables easement-encroachment request at 1502 Brimfield Drive after owner and neighbors speak

The Franklin Park Borough Council on Aug. 20 tabled consideration of an easement-encroachment agreement for property at 1502 Brimfield Drive after the homeowner and a nearby resident asked the council to act that evening to avoid delaying a pending real-estate closing.

Homeowner Ray Hori told the council he and his spouse were under contract to sell their house and only recently learned that elements built on the property encroached into a municipal stormwater easement. "We paid considerable amount of money and got building permits for the patio," Hori said, and he asked the council to address the matter that night because tabling it would delay the closing.

An attorney involved in the sale, resident Greg Gerlock, said the buyer and other parties were present and available to answer questions. Council members and staff described the encroachment as more extensive than a typical fence-in-easement case: the request involves a fire pit with a gas line, a retaining wall, a fence and a trampoline. One council member said the gas line to a fire pit "would not be approved today" and that the fence and retaining wall also likely would not meet current permitting standards.

Councilmembers said they had discussed the matter at a pre-meeting but that outstanding questions remained about safety, permitting and the scope of prior inspections. Because of those unresolved issues the council voted to table the item and requested that staff present it again at a September work session and the regular meeting on Sept. 17 to allow time for a fuller review.

The council emphasized the tabling was not a denial and said staff would collect additional information before the next public hearing. The homeowner asked the council to expedite review because of the pending sale; staff and council acknowledged the request but maintained the need for more documentation.