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Dobbs Ferry board approves six-foot opaque fence abutting Memorial Park amid privacy concerns
Summary
The Dobbs Ferry Zoning Board of Appeals granted a variance allowing a six-foot, fully opaque fence on the front/side of 63 Chestnut after the homeowner cited privacy and the location of a park porta-potty; the board said proximity to the public park made the case unique.
A Dobbs Ferry Zoning Board of Appeals meeting in October approved a variance allowing a six-foot, fully opaque fence along part of the frontage of 63 Chestnut that abuts Memorial Park.
The applicant, appearing by Zoom, said the new fence replaces an existing six-foot section and that three to four panels abutting the park were not covered by the originally approved permit. The applicant said the panels adjoin a park area where a porta-potty is located and argued the fence was needed "privacy for people using the porta potty, privacy for me and my family" (Unidentified Speaker 4).
Town staff and board members noted the relevant zoning rule: fences in front yards in this district are limited to 4 feet in height and no more than 60% opacity. A board member clarified that a four-foot, see-through chain-link fence already exists on the park side and that the applicants' fence is on the homeowners' property behind the hedge (Unidentified Speaker 3).
During questioning, the applicant said they had sent certified notices to roughly 40 recipients, including neighbors and nearby properties, and that they had not received written objections. The applicant said they "provided proof that [we] sent them" but acknowledged they did not have signed consent from Chestnut Street neighbors (Unidentified Speaker 4).
Before voting, a board member framed the decision around the site's particulars, saying the adjacency to a public park and presence of the porta-potty made this a narrow, unique basis for relief: "I think granting a variance, for this particular circumstance isn't going to set a precedent ... It's it's a case unto itself" (Unidentified Speaker 1). The board moved to close the hearing and then unanimously approved the variance as submitted.
The applicant thanked the board after the vote. The decision allows the homeowners to keep/complete the six-foot fence panels that abut the park; the board record shows the variance was granted with no listed conditions beyond the standard permit requirements.
The board's written file should be consulted for the exact variance language and any permit conditions; the transcript indicates the decision rests on the unusual combination of a public park edge, an existing chain-link fence, and the applicants' privacy concerns.
