Laurel council proposes changes to town code on residential fencing

By Lynn R. Parks

Concerns about the concertina barbed wire at the top of fencing surrounding a parcel of land recently purchased by the town of Laurel has led to a proposed change in fencing ordinances in the town. On Monday night, April 6, Laurel Town Manager told council that he had been approached by two citizens regarding separate issues concerning appropriate fencing used by property owners in the town. Fasano said given the recent concern expressed by members of the town council about the type of barbed wire that existed around the property on the corner of Central Avenue at the Five Points intersection, he thought this would be a good time to review fencing ordinances and also get rid of this type of concertina barbed wire. The property is an approximately one-quarter acre parcel of land located at the intersection of "Five-Points," along Central Avenue, has been used traditionally for the storage of automobiles. Laurel's 2004 Comprehensive Land Use Plan included "the framework and visualization" of the future use of property, including consideration for the Five-Points location as a potential location for the design of a "gateway" that would spotlight where Laurel "begins and ends." The town purchased the property to be developed in the future as a "gateway park." An ordinance drafted as "Ordinance 2009-X," would amend Chapter 175 of the town's Code regarding residential fencing. The proposed amendment includes raising height regulations from three feet to three and a half feet and up to four-feet for fencing that includes decorative scalloped tops and is located in the front yard. The proposed amendment also includes prohibiting the use of "barbed wire, barbed tape or concertina wire on any fence or wall located in a front yard or adjacent to a public street." The amendment also states that in a front yard only decorative fences will be permitted, "stockade and chain-link styles are prohibited."

Councilwoman Robin Fisher asked whether fencing that is prohibited by the new ordinance, but already exists at the residence, will be in violation or will it be grandfathered in. Fasano said anything already in place will be considered grandfathered in unless it falls into a state of disrepair and requires significant changes or replacement. Laurel resident Frank Calio was in attendance at the meeting and told the council that he recently purchased fencing, but has been unable to get it installed due to the wet weather. "I bought and paid for 200-feet of fencing under the current code. Will I be able to have this grandfathered in or am I stuck with it," he asked? Fasano said the proposed Ordinance amendment must be referred to Planning and Zoning for its review and recommendations to the full council. He said this would most likely occur in May and come back before the council in June for approval. Fasano told Calio that since he bought the fencing under current codes he "should be fine. "There are a lot of strong opinions on Planning and Zoning, so I am confident that even with an aggressive schedule this will not be enacted before June," he said. Councilman Don Phillips suggested that there be consideration of how such an ordinance may affect people who have swimming pools installed on their property. Fasano said the ordinance would not impact swimming pool fencing because the town has a separate code which deals exclusively with those types of mandatory fencing. Mayor John Shwed said he liked the idea of the proposed Code amendment encouraging the use of decorative fencing by residents. "I think this will help make the community look better and also help get rid of any concertina wire," he said. The council voted to send the proposed Code amendment to Planning and Zoning for its review.

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