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Board continues 940 Cayuga deck appeal after neighbors object to firewall and setback
Summary
The Board of Appeals continued an appeal over an allegedly illegal deck and firewall at 940 Cayuga Avenue to March 11 to allow the permit holder to work with DBI and submit revised plans after neighbors complained about lack of notice, ongoing work after a stop‑work order, and the firewall’s scale and placement.
The Board of Appeals on Wednesday continued an appeal challenging construction at 940 Cayuga Avenue after neighbors complained the deck was built without proper notice and that a firewall and attached fiberglass cover are out of character and created access and maintenance problems.
Appellant Nancy Panos, who said the deck was built adjacent to her new fence and continued after a December 1 stop‑work notice, asked the board either to order removal or to require the deck be set back at least 5 feet from the shared fence line. "I'm requesting that any deck constructed be set back from my fence by at least 5 feet," Panos said as she showed photographs of the new firewall and the view from her yard.
Owner Wim Tong acknowledged communication gaps while he was out of town, said some follow-up work related to other permits continued after the stop‑work instruction, and said he was willing to work with neighbors and DBI to find an agreeable design.
Planning and DBI staff noted potential processing issues: Tina Tam said the initial over‑the‑counter approval assumed a retaining condition that may not exist and therefore neighborhood notification might have been required; Lawrence Kornfield described building‑code requirements for firewalls and warned that some covered walkways and awnings exceed the scope of the original permit.
After discussion the board instructed the permit holder to confer with DBI and submit revised plans and continued the public hearing to March 11 to allow staff and the permit holder to explore options that would visually reduce the firewall and provide reasonable access. The continuance was adopted 4–0. The board asked DBI to coordinate with the permit holder on possible design adjustments, including a partial setback or modified firewall top that preserves access from the existing walkway.
The continued hearing will return on March 11 with revised plans and staff input.
