BZA continues Washburn Avenue parking variance after DPW letter raises right-of-way questions

Chair Jim Monteverde opened testimony in the continued case for PZA 117811863, 63 Washburn Avenue, and invited the applicants to describe their updated submissions.

Ivan Toft, the homeowner, and his wife, Monica Toft, told the board they had submitted an updated WDA survey and received a letter from John Nardoni, Commissioner of Public Works. Monteverde read the DPW letter aloud, which stated the updated survey “reflects the city's understanding of the right of way boundary” and that portions of the driveway and plantings shaded in blue on the survey fall within the city's right of way. The letter concluded that the Department of Public Works “has no objection to the proposed improvements outlined in your application, provided they remain within the limits of your property as shown on the WDA survey.”

The applicants told the board they have repeatedly sought resolution over many years and that, based on prior conversations with the legal department and DPW, they were told the city intends to convey the blue strip to the homeowners. Monica Toft said the conveyance process remained incomplete and that an earlier staff member’s holiday delayed the issuance of a clearer statement.

Monteverde said the DPW letter represented progress but did not remove the board’s uncertainty because the survey shown in the hearing still depicted the applicant’s legal property line as a yellow line that ended before the blue-shaded area. He told the applicants the board needed either explicit proof that the owners had the right to use the blue area or a legal opinion from the city law department before granting the variance to allow parking inside the front-yard setback.

Board member Wendy Leiserson asked whether the board could provide informal guidance on the plan to help the applicants avoid repeated delay; Monteverde and other members agreed they could offer nonbinding feedback but that a final vote required clear legal authority over the land. Monteverde said he would email the legal department and copy the building commissioner and zoning specialists, and he asked the applicants to continue to work with ISD staff.

On a motion by Monteverde the board continued PZA 117811863 to Jan. 29, 2026. The continuance is conditioned on the petitioner changing the posted sign to the new date and time, signing and returning a statutory-waiver form (available from ISD) within one week of the coming Monday, and filing any new submittals, drawings or supporting statements by 5 p.m. on the Monday prior to the continued hearing. The motion passed unanimously (five in favor).