Community Watchdog: In defense of a front-yard fence

Common sense has prevailed among North Hempstead Board of Zoning Appeals members who voted quickly and unanimously to grant a variance allowing a family with six children to keep their front yard fence.

Last month, we told readers about Jane Gilbert of Albertson, who erected the fence in 2003 when eighteen-wheelers started coming down her street. With six young children to worry about, Mrs. Gilbert said she needed the fence to keep them safe.

Problem is, North Hempstead has an ordinance banning fences in front yards, and she was told she had to apply for a fence permit. What the town neglected to tell her was that the application was a pro forma step that would be denied, and that she could use the denial to apply for a variance through the BZA. That lack of communication and the fact that her file was one of many taken by the Nassau County district attorney's office during an investigation of the town's building department, led to delays and hundreds of dollars in fines for the Gilberts. She contacted the Community Watchdog when she felt there had been no progress in her case.

On Thursday, she waited several hours with three children in tow to present her case to the BZA. BZA counsel Gerard Terry said the board saw from the photos Mrs. Gilbert presented that the 3-foot high picket fence "did not create a wall effect." More important, it acts as a "visible line of demarcation" for drivers maneuvering their trucks into the industrial area, three doors away from the Gilbert home.

Terry said there were no objections about the fence, and the board voted its decision after Mrs. Gilbert's presentation, which took about 10 minutes.

Sidewalks still not fixed

In November, we wrote about Tony Adamo of Massapequa, who has cerebral palsy and uses a wheelchair. He contacted us about bumpy sidewalks on East Shore Drive near his home that were difficult to navigate because of tree roots pushing up the concrete panels.

After our call, the Town of Oyster Bay's Highway Department contacted four homeowners whose sidewalks were affected and gave them 30 days to decide whether they would hire a private contractor or have the town handle repairs.

Eight months later, Adamo contacted us again because the sidewalks haven't been fixed.

Town spokeswoman Marta Kane said officials were flexible with residents on the deadline since repairs couldn't be done until spring or summer.

After our most recent call, the town issued final notices last week to the three homeowners who have not made sidewalk repairs.

"We're very sympathetic to his [Mr. Adamo's] needs, but we also try to give people some time to get the work done," said Kane, noting the town now has given property owners "ample time."

If homeowners ignore the notices, the town will repair the sidewalks this summer, when crews are near the neighborhood and bill them for the cost.

Town of Oyster Bay residents with sidewalk concerns should call the highway department at 516-677-5757.

- Michael R. Ebert

Tree limbs imperil wires

For five years, I've been reporting a problem to LIPA, Cablevision and Verizon about tree limbs that are leaning across utility lines near my house. The limbs are pushing on the wires, making them bow. They look like they will pop at any time. It's dangerous for children who play in our cul-de-sac, and we also don't want to lose services because of this problem.

- Motilal Sadusingh, West Hempstead

We feel your frustration, Mr. Sadusingh. After talking to LIPA and Cablevision officials, we're confused about who's supposed to do what.

First, we called LIPA spokesman Mark Gross. A LIPA crew went to inspect the problem and saw that a low-voltage wire was "making slight contact with a tree limb, so we trimmed the limb back," Gross said.

We called Mr. Sadusingh to confirm the work had been done, and he thought they must be joking. The work LIPA did had nothing to do with the problem he called us about. We conveyed that to Gross. He said we'd have to call Cablevision (which owns Newsday), since the limbs seemed to be resting their lines.

Cablevision spokesman Jim Maiella said the company is merely a tenant on the poles. So whoever is the pole owner is responsible for trimming the trees, he said.

That made sense to us, but when we called Gross back to tell him what we were told, he checked with his experts again and concluded, "LIPA does not own any trees. So we only do tree trimming to improve our reliability," he said. "So anything outside the power zone is not our responsibility."

That's not how Maiella understands the situation. "The company that owns the utility pole, typically LIPA or Verizon, is responsible for periodic tree trimming," he said. Cablevision is advising LIPA about the limb problem and is requesting an "an expedient response," he said.

Stay tuned.