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Neighbors agree on bamboo screening; Board conditions deck permit at 174 Brighton Ave
Summary
Faced with a neighbor’s appeal of a newly framed deck at 174 Brighton Avenue that a nearby daycare operator said would invade privacy, the Board upheld the permit but required bamboo plantings along the fence line and a temporary 6‑ft privacy screen until the planting matures.
The Board of Appeals on Nov. 13 resolved a neighborhood privacy dispute over a rear deck at 174 Brighton Avenue by upholding the Department of Building Inspection permit while imposing a mitigation condition negotiated at the hearing.
Appellant Karen Lewis, who runs a family daycare next door, said the proposed deck would extend far beyond the previous deck and allow occupants to see directly into a nap room used by children. “It’s just really my main thing... I just feel really unsafe with that deck there,” Lewis said during public comment.
Permit holder Miles Escobedo and his team described the old deck’s rot and said the new deck complies with building code (deck base about 4 feet 10 inches above the permit holder’s grade and set back from the fence). Escobedo offered screening options and said he was willing to plant bamboo or use planters on the deck to provide privacy. “I would be more than willing to put a facade up... I was hoping like growing bamboo,” he said.
After an in‑hallway discussion facilitated by the board, the parties agreed a temporary privacy screen would be installed on the deck and that bamboo plantings would be established at the fence line; the board memorialized the agreement as a condition: install bamboo plantings on the permit holder’s fence line and maintain a temporary 6‑foot privacy screen on the deck until the plants reach equivalent height. The board voted 4–0 to uphold the permit with the condition.
The board noted the solution aims to preserve the permit holder’s ability to repair and replace unsafe decking while protecting the daycare operator’s privacy during the growth period for plantings. The board said the condition will be recorded in the permit file and enforced by DBI.
