Committee advances small-fence permit exemption on 2-1 vote

MARLBOROUGH — May 18, 2021 — Marlborough committee advances fence permit exemption over Robey objection. The Legal and Legislative Committee voted 2-1 Tuesday to recommend amendments to Chapter 270 of the city code exempting fences three feet or shorter outside yard setbacks from the permit requirement and limiting easement-based fence objections to cases of actual interference. Sponsor Councilor Sean Doucette said current rules technically require a permit for "any garden fence, which no one does," producing inconsistent enforcement under successive building commissioners. Councilor Kathleen Robey dissented, warning that dropping the permit step would shift compliance to reactive code enforcement: "I could go and stick a five-foot fence out there, and then it's going to be code enforcement that's going to come and tell me now I have to take it down." Engineering staffer Tom DiPercio and City Solicitor Jason Grossfield signed off on two floor amendments striking a Section 650-41 reference and correcting "site distance" to "sight distance." Chair Michael Tenneer and Councilor Donald Landers voted yes.