The Zoning Board of Review has had an item floating on and off of its agenda all summer long regarding the construction of a chain link fence between two neighbors. There are two issues at play. One is the question of whether the fence is a “spite fence” or not. According to the Rhode Island General Laws, a “spite fence is a fence that exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners of an adjoining property.” While the fence is under six feet tall, its appearance and proximity to the neighboring house could definitely be considered annoying.The second question is whether the fence was built with proper permitting or not, and whether the owners, Phillip and Jennifer Trahanas, were even eligible to apply for a permit, given the manner in which they demolished the former home of Bruce and Peggy Montgomery located on the property.Additionally, there is an ongoing case in Washington County Superior Court regarding this fence that has roped in the Town of New Shoreham and several of its officials in as well.According to documents filed by the plaintiff, Bluffhead, LLC, in the court case and
