Saturday, May 21, 2016

Bad Fences make bad neighbors


In a twist to the Robert Frost adage, a bad fence dispute could be brewing in Norwich with one resident saying the Town's Zoning Administrator is not enforcing the rules. Deep in the Selectboard packet for the May 25th meeting, under Item 10) Correspondence, is a letter from John Eller. In that letter,  Mr. Eller says a fence on an adjoining property exceeds the permitted height and the Zoning Administrator is being "evasive and dismissive" about his concerns. Our zoning rules requires issuance of a permit, BEFORE construction begins. No reply from Zoning Administrator and interim Town Manager Philip Dechert is in the packet, so the public knows only half the story.
   
The Eller letter deserves attention. The zoning regulations apply to everyone. If Mr. Eller's allegations are true, he deserves a response -- the fence is exempt or a permit is needed. Not that long ago, the Town was involved in zoning litigation in Richards v.  Nowicki.  Spot enforcement of zoning rules might also expose the Town to damages and attorney's fees if the failure to enforce the regulations violates the Equal Protection Clause.

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