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Board upholds permit at 130 Vicksburg, urges 8‑foot fence and confirms drainage will be addressed in permits
Summary
The Board of Appeals denied Jean Allen’s appeal challenging an approved interior‑remodel permit at 130 Vicksburg Street, recommending an 8‑foot fence and noting that Department of Building Inspection inspections and code requirements will address proposed drainage fixes.
The Board of Appeals denied an appeal from Jean Allen that challenged a recently issued interior remodeling permit at 130 Vicksburg Street, concluding the over‑the‑counter permit was properly issued and that many drainage issues cited by the appellant are addressed through code compliance and the permit inspection process.
Jean Allen described repeated water intrusion incidents and asked the board to require a comprehensive fix including larger downspouts, a new higher concrete wall with foundation drainage, and modifications to the courtyard grading. Allen said the existing fence (11 feet 6 inches) provides critical privacy for an elevated deck and spa and requested lowering it to 10 feet measured from the permit holder’s grade.
The permit holder’s architect, Andre Rothblatt, and the project sponsor acknowledged the drainage concerns and told the board they would install larger downspouts, reconnect drainage to the sewer, replace the cracked wall, and regrade the courtyard. The permit holder disputed the need for a subsurface foundation drain and preferred an 8‑foot fence for light and courtyard usability reasons.
Department of Building Inspection Deputy Director Joe Duffy and Planning staff said many of the drainage actions being discussed (larger downspouts, sealed sewer connections, regrading) are code requirements that will be enforced through the permit inspections. Planning staff noted that a fence up to 10 feet may be allowed in the rear yard under the code, but the board may offer a nonbinding recommendation on height.
Commissioners expressed that parties had reached agreement on most fixes and that 8 feet appeared a reasonable recommendation for fence height, while acknowledging the fence issue involves property‑line and plan clarity questions. On a 4–0 vote the board denied the appeal and offered the recommendation of an 8‑foot fence to help resolve the dispute.
What’s next: The permit remains in force; DBI and Planning will enforce code‑required drainage work through inspections and any separate permits needed for fence work or ADU elements.
