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Board orders clerical fixes to deck permit after neighbor privacy and notice objections
Summary
After neighbors objected to a proposed attached deck at 14A Haven Street citing privacy, notice and permit inaccuracies, the board conditioned the permit on clerical corrections (change to 'deck' not 'roof deck', correct dwelling unit count to two, and mark box indicating horizontal extension) and directed the owner to update permit documents.
Neighbors and the permit holder gave competing accounts to the Board of Appeals on May 13 over an approved deck at 14A Haven Street. Michael Litton, who lives directly north of the subject property, appealed the issuance asserting the permit form mischaracterized the work, that outreach and notice were inadequate and that the deck would exacerbate privacy, light and noise impacts.
Litton told the board the application incorrectly stated there would be no occupants on site during construction and that permit box descriptions were inaccurate. He argued the proposed 27‑by‑8‑foot deck was outsized for the lot and did not reflect the local architecture.
Permit holders and their architect said the structure replaces an existing pergola and that they conducted outreach beyond what was strictly required. Planning staff (Scott Sanchez) found the proposed deck met zoning and design guidelines, did not encroach into required rear yard minimums and — because the finished floor of the deck is less than 10 feet above grade — did not trigger Section 3.11 neighborhood notice. DBI agreed the project was straightforward but acknowledged clerical errors on the permit form (e.g., the application labeled the work a "roof deck" and listed the property as a single‑family dwelling when it appears to be a two‑unit building).
Commissioners directed corrections to the permit form. Vice President Honda moved to grant the appeal and require the permit be revised to reflect the correct unit count (two dwelling units), change the description from "roof deck" to "exterior addition of a deck over existing first floor" and mark the horizontal extension question appropriately. The board approved the motion by voice vote.
What happens next: The permit will be corrected administratively to fix the identified clerical errors; Planning and DBI reiterated that the structure, as drawn, complies with applicable code and design guidelines.
