Haverford zoning board approves Penningtons’ fence replacement with safety-focused conditions

The Haverford Township Zoning Hearing Board on Aug. 6, 2026 approved a variance allowing Maria Salupo Pennington and Timothy Pennington to replace an existing front/side fence at 800 College Avenue, subject to conditions intended to address visibility, safety and encroachment concerns. The board voted 3-0 to approve the application after an executive session with counsel.

Joseph L. DiTomo Jr., counsel for the applicants, told the board the existing fence is in poor condition and that the proposed estate-style replacement would cover the same area while improving safety and the property’s appearance. “My clients have 3 young children, so they're obviously concerned with the safety,” DiTomo said, describing the family’s need to secure the yard and noting plans for a future pool. Applicant Timothy Pennington testified the house is undergoing major renovation and said the family’s primary concern is child safety.

Board members pressed the applicants on discrepancies between the plan and the board’s measurement of the right-of-way. Zoning officer Jonathan Mount told the panel the College Avenue right-of-way is controlled in part by PennDOT and that any structure in the state right-of-way would require a highway-occupancy permit; the board lacks authority to authorize structures that intrude on state-controlled ROW or on easements belonging to third parties. To address sightline and safety concerns, the board’s approval included detailed conditions: no new fence shall be placed within any easement; no new fence shall be placed within any right-of-way on the property; the proposed 6-foot cedar privacy fence in the rear shall be pulled back to align with the front-yard setback; all gates are to be recessed 18 feet to allow a vehicle to pull off the roadway; and all work must be completed within one year in accordance with the notes of testimony.

The board admitted the applicants’ exhibits into the record — including a site plan, photos, a memorandum of law and a neighborhood support petition — and heard no public testimony. The motion to approve was moved by Jessica Vitale and passed unanimously, 3-0. The decision resolves the applicants’ immediate ability to replace the dilapidated fence so long as the conditions are met and any necessary permits from PennDOT or other easement holders are obtained.