Good fences make good neighbors? Well, it depends what you mean by “good.”
In Fair Haven Heights, a recently erected eight-foot, chain link fence along sections of the perimeter of the GL Capasso Restoration company yard has soured an okay relationship between some residents and a long-time business.
When the Christmann family explained its fence woes at a regular monthly meeting of the Quinnipiac River Community Group (QRCG) at the Waucoma Yacht Club earlier this week, the issue raised general concerns of the city’s ability to enforce its codes.
For 30 years, GL Capasso, at 15 Oxford St., has inhabited a narrow rectangular yard and building, some three quarters of a block in length, that runs between Quinnipiac Avenue and Lenox Street. In 1984 the business received a special exception from the Board of Zoning Appeals to permit construction use on its site in an otherwise residential zone. The conditions included that all materials be stored indoors, and hours of operation be restricted to between seven in the morning and eight at night.
Carolyn and Ian Christmann live (along with their son Sawyer) on Quinnipiac Avenue. Their house backs up an incline flush to the Capasso yard. They say they have tried to be good neighbors over the years. Even when debris from materials often piled in the yard, along with the occasional brick, dropped over the low masonry fence into their backyard, they have brought it to Capasso’s attention, with the philosophy of live and let live.
The amicable coexistence changed two weeks ago when Ian Christmann noticed large fence posts being erected in several sections, including his, along the perimeter of the Capasso yard.
It’s unclear the reason for the fence that was about to be built. Carmine Capasso said it’s because of vandalism and the need to provide security. Ian Christman said he thinks it’s because Capasso was going to bring in scaffolding sections to be stored in the yard. Capasso said the fence was required by the terms of his insurance.
Carolyn Christmann said if the fence is for security, “How come other sections of the fence are lower, some just still masonry wall?”
“I offered,” said Ian Christmann, “to build a fence of wood, a stockade fence, or a decorative fence of some kind in our section and pay the difference.” Christmann said his impulse was that with the chain link about on top of a six-foot masonry wall, and all at the top of a hummock overlooking their house, “Well, we’d be looking at a fourteen-foot high fence. Like a prison yard.”
There was still some possibility of resolution. However, it all soured when Christmann, in the interim, and alarmed at barbed wire, contacted his alderman, Alex Rhodeen (pictured).
As a result of that call, Rafael Ramos of the city’s Livable City Initiative arrived last week. He declare that all barbed wire is forbidden in the city. Christmann remembers a shouting match between Ramos and Vinnie Capasso.
The result: no barbed wire was put up, but the eight-foot chain link fence, which is in compliance with code, went right up. When Christmann went back to Capasso to ask if he at least could put some plantings at the base of the fence, green it, put ivy on it to make it visually less maximum-security-esque, “Capasso turned to me,” Christmann reported, and said, “You put any ivy on my fence, and I’ll cut it right down.”
Reached by phone, Carmine Capasso said, “Look, I didn’t put up the barbed wire. It’s my property. I’m in compliance. What’s wrong with that guy (referring to Christmann). Other neighbors don’t have a problem.”
Fence “Seer” Sought
Where does it rest now? Through Rhodeen’s help, Christmann has located an arcane, perhaps even colonial era, state statue pertaining to a dispute between two property owners regarding a fence. If the two parties disagree, the city is to appoint a fence “seer” or referee. Christmann and Rhodeen believe this to be John Prokop, the director of Public Works.
In the meanwhile, other neighbors have been emailing Capasso, calling on the company’s sense of citizenship and asking him to compromise in some matter to give the Christmanns some relief.
“It’s my property and I’m in compliance,” Capasso replied.
Meanwhile, Chris Ozyck, referencing sections of another barbed wire-topped fence at the end of the Ferry Street Bridge bordering Brewry Square’s parking lot, asked Alderman Rhodeen to help settle not only the Christman’s issue, but to explore why zoning enforcement and other enforcement so often lag in New Haven.
“It’s a shame that people like the Christmanns and our group on our own have to dig up documents to give us leverage in these problems,” Ozyck said. “Where’s the city?”
Rhodeen said he was on the case, and that zoning enforcement was indeed a cross that all aldermen carried.
As to the Christmanns, Carolyn said, “We still really want this to work out. We don’t want to report every little violation in the yard now. We just want a fence we can live with and to continue to be good neighbors.”
Good reporting as usual Alan. It should be noted that I have not heard anyone trying to get rid of Capasso and in fact most people like/ respect them as a business. The facts are this is a residential property with a specific narrow use variance operating entirely in a residential neighborhood. There were multiple complaints by neighbors to city hall about this fence especially over the Barbed wire. The outriggers for the barbed wire are still in place. There were a number of neighbors who fought in 1984 to restrict the kind of activity that exist on this site today. I am sure most if not all the neighbors would support business expansion beyond the variance if Capasso did right on the borders.