Poet Robert Frost coined the phrase, ‘Good fences make good neighbors.?
Kathy Paul doesn’t like the fence erected by her neighbor.
The Norman Road resident wants Springfield Township government to change the ordinance which apparently allows the solid wood fence, which has the bad side toward Paul’s home and at one point is about two stories high.
On a street where narrow lots back up to Susan Lake, Paul (a resident since 1991) had already erected her own decorative, white privacy fence. When Charles L. Smith bought the lot next door in 2001, Paul said an ongoing dispute led him to erect a dark, solid wood fence immediately next to Paul’s fence.
In addition to being unsightly, Paul said the new fence has caused problems to her plants, back porch steps and has taken away from her scenic back yard view.
‘This is certainly more than a privacy fence,? Paul said. ‘The light is gone, my air is gone, and it’s almost 300 feet long. It certainly is not beautiful.?
It is, however, legal according to current township ordinance. Supervisor Collin Walls said multiple visits have been made by himself and township building officials.
‘There is no ordinance violation,? Walls said, but he agrees there may be a civil matter. ‘There obviously are situations in which there’s a difference between the legality under the ordinance and its acceptability as far as the individuals are concerned.?
Attempts by The Clarkston News to contact Smith were unsuccessful.
Paul said some of the dispute could have been settled in a neighborly way. For example, she admits some of her plants may have been over the property line. There was no discussion, however, before Smith allegedly took action to build an access drive from the street to the rear of his property.
‘I came home from church one Sunday night and he’s cutting my lilac bushes over here,? she said. Noting his use of construction equipment, ‘A good neighbor would have offered to transplant them.?
The two-story section of the solid wood fence appears to have been in response to Paul’s videotaping of Smith’s construction activities.
‘He’s upset with me because he thinks I watch everything he does,? she said. ‘Well, after you cut down bushes I do tend to watch what’s going on with my property.?
Paul also doesn’t understand why the fence was built all the way to the lakefront.
‘The reason why I purchased this property was when I walked down the side of the house to the patio and saw the panoramic view, it sold me. Not that I would be looking at a fence and just straight ahead.?
Paul’s attempt to have Smith’s fence removed included calls to township hall, visits to the Susan Lake Improvement Board (which apparently has no jurisdiction in such matters) and an appearance before the township planning commission.
Based on advice from a building official in a neighboring municipality, Paul believes the two-story section of the fence should qualify as an ‘unsafe structure.? She said a real estate professional estimates a possible 10 to 15 percent reduction in her property value
Paul also believes the township government has not done enough to protect the ‘health, safety and welfare? of the residents.
‘This isn’t a Kathy Paul issue; it’s a Susan Lake issue,? she said. ‘If my property has been devalued by 15 percent, everybody’s property value has been decreased.?
Walls confirmed the commission has forwarded the issue to contracted planning consultant Dick Carlisle for recommendations to revise the fence ordinance. Carlisle said he hopes to have a recommendation to the planning commission at their October workshop meeting.
‘We really haven’t completed our investigation,? Carlisle said. ‘We will be looking at the current provisions and comparing them with neighboring municipalities.?
Paul also alleges threatening behavior on Smith’s part, and applied for a personal protection order. The application was denied, however, as the judge ruled the situation was merely a ‘property dispute.?
If necessary, Paul is prepared to present a petition from more than 50 percent of the Norman Road property owners to further lobby for more control over fences. She said she will also pursue legal action, if necessary.
‘Had this been addressed properly from the start, it wouldn’t have escalated to this point,? she said.