Township will send solicitor to defend zoning officer in 10-foot fence dispute

Chairwoman Tanya Bamfrer announced the board would allow the zoning hearing board to hear two appeals scheduled for Aug. 5, including a dimensional-variance request for a 10-foot fence at 109 Cove Circle and a separate request for a small front-porch encroachment at 142 Canterbury Lane. Bamfrer said the township should remain neutral between neighbors while ensuring the zoning code is enforced.

Zoning Officer Jesse Hill summarized the filings and said the first application includes an appeal of his enforcement determination and a variance request for the extra four feet above the six-foot limit. The township solicitor recommended the solicitor’s office be sent to that hearing to defend the zoning officer’s interpretation of the code while not taking a position on the variance itself. "Sometimes the board will send my office to defend the zoning officer's decision and remain neutral on the variance request," the solicitor said.

Board members expressed concern about the scope of the variance and the precedent it could set. One supervisor said 6 feet versus 10 feet is a "pretty big number" and suggested the solicitor attend. After discussion the board voted to send the solicitor to defend the zoning officer’s interpretation at the zoning hearing and to let the zoning hearing board rule on the variance. The board’s direction is procedural: staff will appear at the hearing and present the township’s interpretation; no further township action on the variance was taken at this meeting.

The zoning hearing is scheduled for Aug. 5; neighbors will be notified of the hearing and may appear to comment.