Stonington — The Borough Planning and Zoning Commission postponed its hearing Tuesday on the construction of a fence at the Town Dock dog park after it was discovered the commission had failed to notify the Stonington Harbor Management Commission of the application as required by state law.

The hearing on the town’s request to erect the 3-foot, 11-inch fence will now be held at 6 p.m. Aug. 23 in Borough Hall.

The delay will give the PZC time to notify the harbor commission and give it the required 35 days to consider the application before the hearing.

The PZC then will have until Sept. 3 to render a decision.

Borough Attorney Nick Kepple said the delay was the prudent thing to do after consulting with Town Attorney Jeff Londregan.

“We understand a delay is not appealing but neither is this body’s decision being overturned later because of a procedural issue,” he said.

Under borough regulations, Zoning Officer David Atkinson can issue permits for fences less than 4 feet tall but Atkinson referred the decision on the fence permit to the PZC after the attorney for a Front Street couple who has sued the town over the park raised issues about the fence and argued it was a change in scope and intensity of use of the park.

In April, the Board of Selectmen voted unanimously to implement a series of recommendations developed by a study committee for the dog park.

The changes are designed to alleviate complaints from the park’s neighbors. These included reducing the size of the area where unleashed dogs can roam and installing a fence to create a buffer area between the park and nearby homes.

After the PZC voted to postpone the hearing Tuesday, First Selectman Rob Simmons said that, without the permit issue, the town would have had the fence installed and a series of park rules in place by May 1.

He said this would have improved the situation in the park for neighbors during the busy summer.

j.wojtas@theday.com