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MPK Village gives more power to Zoning Board Massapequa Park Village residents will be able to seek relief from the Village's fence codes under a new law approved by the Massapequa Park Village Board. The change gives the Zoning Board of Appeals the power to ease or eliminate the code requirements when residents bring specific applications before them for such relief. According to Zoning Board member and longtime resident John O'Brien, who asked the Village to update the 1967 code, it was a matter of focusing on safety and fairness. "There are parents with young children on corner lots...a 30-inch fence would hardly keep them safe," said O'Brien who added that the law was never consistently enforced since its inception. "The code discriminated against corner property owners. Now that the zoning board has a say, if the fence they want to put in does not inhibit the sight line of drivers, residents can come before the zoning board and get permission to put it up." Under former regulations, property owners had to have written permission from the Village to hinder the sight line of drivers which included shrubbery, fences and building materials over 30-inches. The changes allow the zoning board to make the judgment. "We decided to give the code to the zoning board to lessen the overall burden on residents," said Mayor James Altadonna Jr. "Each situation will be evaluated on its own merits." The board changed the codes so that the obstruction of view at intersections code no longer includes fences which are now included under the front yard vision clearance code. Additionally, it was specified that the fence is not within 35 feet of the curb-line and less than 30 inches above the level of the sidewalk. Other codes that were added by the Village will also be looked at by the zoning board. Code 298-1 says that residents must have permission before obstructing traffic with merchandise or building materials on streets or sidewalks. Another, code 298-2, states that its unlawful to construct and/or maintain a fence or bushes on a corner lot 35 within feet from the curb line. Any tree or bush within a 35-foot triangle must be trimmed free of branches and foliage between 30 and 60 inches tall. In addition to corner residences, the code includes municipal parking fields, highways, sidewalks, streets or any other public place where the obstruction is causing a delay or impediment on traffic flow. A violation of these codes would cost the homeowner $25 if they didn't respond to a warning letter sent to the residence within 30 days. It would then be an additional $25 per week the violation remains or until they plead guilty in court. If the violation is never corrected, according to the Village, the Village itself has the right to make the necessary changes and charge the resident. In related matters, the Village updated another code to ensure fairness for homeowners with regards to conformity. Code 345-30, which outlines front yard setbacks, was rewritten to read that all front yards in the Village must maintain a 25-foot setback, unless 25 percent of the homes on the street are less than that. In that case a new home could be built in line with the other homes that have smaller setbacks.
The changes are effective immediately. The next meeting is Monday, November 13 at 8 p.m. at the Village Hall.
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