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Board upholds deck permit at 459 Juice Avenue after neighbors raise privacy and structural concerns
Summary
The Board of Appeals denied an appeal by neighbors who argued a rear-deck permit for 459 Juice Avenue was oversized and contained document errors; DBI and Planning staff found the permit code-compliant and commissioners voted 4-0 to uphold the permit.
Neighbors Jane Blachley and Ellen Fortier appealed a DBI alteration permit for 459 Juice Avenue, arguing the proposed new upper and lower decks were out of scale, contained incorrect permit paperwork and would harm privacy. Blachley presented aerial photos and plan excerpts that she said demonstrated errors in the issued permit and overstated project size.
Homeowner and permit-holder Clayton Bullock said the project had been processed over the counter, that plans were prepared by a licensed architect and engineer, and that the project complied with applicable code and rear-yard requirements. Bullock said the project’s upper deck would be 90 square feet and the lower deck 475 square feet and that neighbors to either side had been consulted and some had no objection.
Planning staff (Scott Sanchez) reviewed the plans and concluded the project complied with RH1 zoning standards and the planning code; DBI Inspector Joe Duffy described the plan set as "well done" and available for typical corrections (e.g., engineer-of-record notation). Commissioners discussed foundation and common-wall concerns, and DBI offered to inspect alleged cracking in the appellant’s property if a complaint were filed.
Following rebuttals and commissioner discussion, the vice president moved to deny the appeal and uphold the permit on the basis that it was properly issued; the motion carried 4-0. The permit remains in place subject to normal inspection and enforcement processes.
