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Board continues variance dispute over second‑floor deck at First Street to March 7

Board of Appeals · January 31, 2007
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Summary

Opponents and the property owner debated a rare rear‑yard variance for a second‑floor deck at 405–420 First Street; the board agreed to continue to March 7 for revised plans after hearing alternatives (ground‑level deck or reduced second‑floor size) and noting the lot’s slope and access constraints.

The Board heard competing appeals over a rear‑yard variance (2006.074B) allowing a second‑floor deck and descending staircase at a corner property on First Street. Appellant Michael Mazzafero, who lives at the adjacent property, argued the proposed second‑floor deck is out of character, will further reduce privacy and light, and that no pre‑application meeting occurred; he proposed a ground‑level deck alternative consistent with neighboring parcels.

Property owner Gregory Whitfield and his designer said the lot’s steep slope and first‑floor garage access make a ground‑level deck impractical and undermined the owner’s ability to use living area directly for outdoor access. Planning (Tina Tam) explained the zoning administrator had required an 18‑inch reduction in deck height and recommended transparent railings to mitigate light and privacy impacts; the ZA considered the lot’s slope and determined a variance was justified.

Commissioners debated scale and possible redesigns. Some favored reducing the second‑floor deck’s footprint or lowering it; others noted that a ground‑level alternative would change how the owner could access the space. To give parties time to explore options and to allow revised plans, the Board continued the matter to March 7, 2007, with revised plans and any status reports due the Thursday before the continued hearing. The continuance passed 5–0.