Stonington — The town has applied for a permit from the borough Planning and Zoning Commission for two fences it erected three years ago at the Town Dock dog park without approvals.

The commission is slated to consider the application at its 7 p.m. meeting on Tuesday at Borough Hall.

When the commission approved the town’s controversial plan to install a three-foot, 11-inch-tall fence to provide a buffer between dogs and neighbors upset about the park in August, borough officials said they would review the status of the current fences and inform the town of what it needed to do to bring them into compliance.

The two fences, four- and six-feet tall, were installed in 2013 under the administration of former First Selectman Ed Haberek.

Current First Selectman Rob Simmons said the application, if approved, would bring the fences into compliance.

As for installing the new fence approved by the commission in August, Simmons said the town is waiting to see the outcome of an appeal by Laura Ann Gabrysch and Frank Mastrapasqua, who own a home at 13 Front St. that borders the park, before proceeding.

The couple has also sued the town over the dog park and that suit is pending in Superior Court.

In the suit, the couple alleges 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.

While Simmons said the couple has proposed ways to settle the suit, he said the town has rejected them because they would result in a “vastly different” project than that approved by the commission and in one instance would cause a safety hazard for those entering the park. He added that making such changes also would throw away the work of 13 residents who formed the committee that developed a report to address problems with the park and neighbors' complaints.

j.wojtas@theday.com