BUFFALO, N.Y. (WIVB) – After more than a year, a legal battle in a Buffalo neighborhood is finally coming to an end. A Gothic style wrought iron fence, featuring two massive gates, polarized neighbors around the mansion at Nottingham Terrace and Lincoln Parkway, across from Delaware Park.
Some neighbors liked the massive custom-designed wrought iron gates, while others thought they just didn’t fit in with the character of the neighborhood. The homeowners have agreed to a Memorandum of Understanding with the neighbors who opposed the fence’s height, which exceeded the city’s legal height restrictions.
Initially plans for the fence, with its 17’ high gates were approved by the city’s Board of Zoning Appeals, then neighbors filed a filed lawsuit, and it turned out neighbors were given the wrong date for the ZBA hearing, and they went back to the drawing board.
The MOU calls for removing the gates, and digging a two-foot swale–or ditch–along Nottingham and Lincoln Parkway, so when the 8’ high fences are installed, they will only be 6 feet above the ground.
Terrence Connors, attorney for the neighbors, said the changes would bring the fence in compliance with city zoning laws.
“The fence itself will technically be 8′ high but it will give the appearance of a 6′ high fence which is consistent with the zoning restrictions and regulations,” said Connors, “because it will be submitted, submerged a little bit in a swale.”
Connors said the property owners and the neighbors agreed to the settlement to avoid costly and protracted litigation. He believes the clincher, bringing about to the agreement, was a passage in the deed that is called a “restrictive covenant” which requires any substantial changes to the property be approved by the neighbors.