A contentious discussion unfolded at the Jan. 30 meeting of the Johnston Zoning Board of Review, as a property owner and board members debated the approval of a 6-foot-tall fence at 613 Killingly St.
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A contentious discussion unfolded at the Jan. 30 meeting of the Johnston Zoning Board of Review, as a property owner and board members debated the approval of a 6-foot-tall fence at 613 Killingly St.
The request, filed by property owner Robert Pagliarini, came under scrutiny, as the fence had already been installed before a variance was granted. According to town zoning laws for the area, any fence taller than 4 feet requires a zoning variance.
During the meeting, held at the Johnston Senior Center, discussions between Pagliarini and the board were complicated by the fact that the fence was erected following an incident in which an individual’s life had allegedly been threatened.
According to Pagliarini’s account of the alleged incident, in which he provided evidence in the form of a police report to each board member, a tenant at the property was recently threatened at gunpoint. He believed that the documentation and account of the incident supported the necessity of the fence for safety reasons.
“One of my very close friends, someone who is also a resident in the house, was held up at gunpoint by two masked gunmen,” Pagliarini said of the event, which he said occurred last year. In the same encounter, he said, “his girlfriend was mugged and robbed.”
Pagliarini said that after the incident, he had the fence installed around the house for security. He told the board that he was unfamiliar with the zoning regulation and sought to rectify the issue by presenting his case before the board. The fence is of vinyl construction, and still needs a gateway put in, but work had stopped pending the outcome of the meeting. The current fence replaced a 4-foot decorative fence.
“You made a mistake that a lot of others have made – they just go out and buy it – but there is an ordinance in effect for this,” said Vice Chairperson Anthony Pilozzi.
Pilozzi also questioned Pagliarini regarding police being called to the property due to the fence allegedly being constructed inadvertently on a neighbor’s property. While Pagliarini acknowledged those incidents led to a police response, he said he believes those property-line issues have been resolved with the neighbor amicably. He said he did get a survey of the property to assure proper placement.
“What I’m looking for is a hardship, so explain to the board, and the people in the audience, what the hardship is. Is it for security? Why do you want to go up 2 more feet?” said Pilozzi, who voiced a concern that the fence could hide business equipment.
Pagliarini reiterated that he hoped that the police report with guns involved would satisfy the board. He said he has also taken further security steps, such as spotlights and cameras. He said a 6-foot fence is going to stop someone from coming into his yard better than a 4-foot-tall one, and added that he does not plan to store business equipment on the property.
“I think it’s a hardship,” said Joseph Ballirano, the board’s solicitor. “How many times does someone come in with a police report, where they’re doing something like this in defense of life? Twenty years I’ve been representing this board, never has there been a defense of life.”
In order to receive the variance, Pagliarini agreed to place caution signs on both signs of the fence near the entrance of the driveway as it is a high-traffic area with a sidewalk involved. No member of the public spoke for or against the proposal. The motion was unanimously approved by the board.
While this was the only matter listed on the board’s public agenda, they did go on to conduct other business, including making a motion to reaffirm the position of each member on the board. There were no other nominations. There was also Pilozzi’s nomination to represent the board on the Johnston Land Trust, which was approved.
A call to the town clerk’s office after the meeting indicated these measures may have been taken up inadvertently and, if so, will be publicly announced and taken up again during the Feb. 27 meeting.
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