North Hempstead Residents Debate Fence Height Law

At its October 5 meeting, the North Hempstead Town Board unanimously voted to close the hour-long public hearing on new fence height-limits legislation, which would increase the current allowable height of four feet to six feet.

The proposed amendment to an existing fence height law would allow residents to have side and backyard fences as high as six feet.  Currently, only residents who either have an outdoor pool or who are granted a permit from the zoning board of appeals are allowed fences over four feet in height.

The height limitation on residential fences has been the center of discussion and controversy for several years. Safety issues, illegal contractors and the aesthetic value of neighborhoods are among the reasons for such debate between North Hempstead residents.

Cindy Swan of Westbury lives in a predominantly elderly neighborhood with her mother and her two dogs.  Her home used to have an outdoor pool in the yard, making her six-foot fence legal.  However, since the pool is no longer there, Swan lost her fence this past March because it violated the height requirement. 

On July 13, a police officer informed Swan about a shooting that had occurred just down the block from her house at the same time that she was out walking her dogs. "[The shooter] could have easily zipped through our backyard," said Swan. "We rely on that fence, my mother and I, for our safety. It is imperative that our fence goes back up."

Other North Hempstead citizens, take a different stance when it comes to safety concerns.

Carle Place resident Michael O'Donald claims fences higher than four feet would actually assist criminals in hiding illegal activities from police. He also had some strongly worded advice to those who support the increase of fence height limitations.

"If you do not want to see or be seen by your neighbor, if you do not like that, then go back," O'Donald said.  "I repeat, go back to Queens, Brooklyn, wherever you came from."

"The whole purpose of this was to get as much input as possible so that we can look at all the options," Councilman Fred Pollack, D-Port Washington, said. "And we'll look at everything and come up with something – or not.  But we're not going to do it tonight."

The board reserved decision until its November 16 meeting.