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Permit holder and neighbor reach compromise on rear decks at 99 Marietta; board approves conditioned plan
Summary
After hallway negotiations at the hearing, the permit holder agreed to revise an upper-level deck at 99 Marietta Drive (two cantilevered decks) by chamfering a corner and adding a short screening wall to block a direct sightline into a neighbor’s bedroom; the board approved the agreed exhibit 4–0.
Parties in the appeal over cantilevered rear decks at 99 Marietta Drive settled their dispute during the Board of Appeals meeting, and the board approved the negotiated mitigation in a 4–0 vote.
Appellant Mary Maxson and counsel argued the upper deck would permit direct views into a bedroom and requested elimination or redesign of the upper deck. Architect Peter Zipponi said the decks were permitted and voluntarily reduced from the maximum allowed, but the permit holder offered two mitigations after the appeal was filed: a chamfered corner and a small wing/screen wall at the deck corner to block the critical sightline. The parties agreed on the chamfered corner and a minimal screen wall drawn in exhibit C, sized to align with the sill of the neighbor’s window and set at a maximum of 6 feet only if necessary.
Board members emphasized the value of private negotiation and the pragmatic compromise reached on the record: the sketched revisions would remove the direct view into the bedroom while preserving modest outdoor space for the permit holder. The chair recorded the agreement into the minutes and required the agreed exhibit be added to the record and plans. The motion to uphold the permit with the agreed design adjustments passed unanimously.
The negotiated resolution avoided a longer continuance and yielded a narrowly tailored design change aimed at eliminating the specific sightline that prompted the appeal.
