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Board upholds deck permit at 115 Shawnee after neighbor complaints about size and paving
Summary
After a neighbor appealed a rear-deck permit and raised concerns about privacy, drainage and an unexpected concrete paving, the Board of Appeals denied the appeal and upheld the permit 5–0; building staff said the constructed deck slightly exceeded plans and will be directed to conform or submit revisions.
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The Board of Appeals denied an appeal from a neighbor and upheld a building permit for a new rear deck at 115 Shawnee Avenue, after hearing complaints about deck size, a third footing and newly poured concrete in the backyard.
Neighbor Carolla Hammond said the deck and extensive paving reduced privacy and raised drainage concerns, asking the Board to require removal of concrete and reduction of deck size. "The deck takes away a lot of the privacy of our backyard," Hammond said, noting sightlines into rear bedroom windows and concerns about a lack of a properly installed drainage connection.
Designer Sherman Yan and owner Xing Zhang said the deck was designed to comply with planning and building codes and that a plumbing/area drain permit had been pulled for backyard drainage. Building Department inspector Lawrence Kornfield reported the built deck was slightly larger than the approved plans (beyond customary tolerance) and said staff would issue a correction notice requiring the permit holder to conform the construction to the plans or submit revised permits.
After discussing possible mitigation (planting/screens) and drainage inspections, the Board voted 5 to 0 to uphold the permit. The vote leaves code enforcement and any required corrections to the Building Department for administrative follow-up.
