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Select Board passes over fences and hedges bylaw after concerns about measurement and grandfathering
Summary
After lengthy discussion, the Select Board opted to pass over a fences and hedges bylaw because members were concerned the draft could make many existing fences and tall hedges nonconforming and the proposed measurement method could be outcome‑determinative.
The Select Board discussed a proposed fences and hedges bylaw that would set maximum heights and specify how to measure fence height (including how to treat decorative caps and variations in grade). Several members said the draft risked converting many existing, currently conforming fences and hedges into nonconforming structures and that measurement language—measuring to the highest point including decorative caps—could produce anomalous violation outcomes.
One Select Board member said, "I actually don't support this one, personally," citing concerns that the draft would create a large class of nonconforming features without a grandfathering mechanism. Members also noted practical enforcement questions about hedges that grow over time and the problems of measuring across uneven grades. Given those concerns, the board agreed to pass the article over for additional refinement and suggested adding grandfathering provisions and clearer measurement language before bringing it back to a future meeting (the next Select Board meeting on April 24 was mentioned for follow up).
