ZBA denies request to keep solid front-yard fence, cites precedent and owner responsibility

The Bronxville Zoning Board of Appeals denied a variance that would have allowed a front-yard pool fence to remain solid and added a taller topper, concluding the change set an undesirable precedent and that the owner bore responsibility for permit compliance.

A project representative told the board the fence had been closed in by a contractor and that the contractor had told the owner and design team the change had been reviewed with the building department; that was not the case, the presenter said. The presenter also said the owner sought the change to block headlight glare from New Rochelle Avenue and to provide privacy. “We thought that that change had been with the building department at the time; it had not,” the presenter said, describing the contractor as later removed from the job.

Board members repeatedly flagged precedent concerns and owner responsibility. John Brown said he was against the variance and called it a "bad precedent," saying the owner remains responsible even if a contractor made a mistake. Charlie Law and Marty Muir also opposed the variance, questioning whether the headlight issue could be resolved with foliage and emphasizing long-term visual impact. Janie Regan said the change appeared self-created by the property acquisition and also voted against it. Chair Stuart McIntosh concurred with colleagues; the variance was denied by a 5-0 vote.

Board members discussed possible alternatives if the applicant wishes to pursue relief: return with a revised landscape plan showing screening plantings, and consider separating the request for an added topper from the request to legalize the closed fence. The board emphasized that any future proposal should address precedent concerns and demonstrate mitigation that minimizes a solid barrier’s visibility.