Stonington — The couple suing the town over the town dog park is asking the borough Planning and Zoning Commission to review an application for a fence that would provide a buffer between the park and their property instead of letting the borough zoning officer approve it.

Under borough regulations, Zoning Officer David Atkinson can issue permits for fences less than 4 feet tall. The town’s proposed fence is three feet, 11 inches tall.

Atkinson recently said he will send the issue to the commission at its June 13 meeting after the couple’s attorney Mark Branse raised issues about the fence in a recent letter.

Before offering a detailed examination of relevant sections of borough zoning regulations, Branse wrote, “It is my opinion that this zoning application cannot, and should not, be approved as a Zoning Permit, but rather must and should be referred to the commission for a site plan review, Coastal Site Plan Review and fence approval.”

He pointed out the regulations state that no property shall be used or its uses altered in time, space or intensity until a site plan meeting all requirements has been approved by the commission. He added it is clear the use of the property is being changed in scope and intensity of use.

Branse also pointed out that the regulations allow the zoning officer the option to refer fence applications that meet requirements to the commission for approval.

“I sincerely believe that an open discussion before the Commission among the stakeholders could produce a result that is satisfactory to all sides in this long running dispute,” he wrote.

Last year, Branse’s clients, Laura Ann Gabrysch and Frank Mastrapasqua, who own a Front Street home that borders the park, sued the town. They alleged the town has been operating an “illegal dog park,” that it has not received any permits or zoning approvals for the park, that it poses a danger to the public and is a nuisance. Other neighbors have complained about incessant barking and shouting, feces strewn about and harassment by dog park users. The suit is pending in Superior Court.

First Selectman Rob Simmons set up an advisory committee earlier this year to make recommendations for the dog park and/or relocate it.

In April, the Board of Selectmen voted unanimously to implement a series of recommendations for the dog park developed by a study committee. The changes are designed to alleviate complaints about the park from neighbors.

These included reducing the size of the area where unleashed dogs can roam and installing fencing to create a buffer area between the park which would be located at the far western edge of the property and the homes to the east. Dogs will have to be kept on a leash on Town Dock property and as they walk through the section of the park adjacent to the neighbors that leads to the off-leash portion.

Only after passing through the gate into the off-leash section can leashes be removed.

The town is also studying the possibility of creating a second dog park at one of three sites: behind the West Vine Street School, at the school administration building and behind the Human Services Department.

j.wojtas@theday.com