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Board revokes earlier Seneca permit and upholds revised permit after neighbor testimony
Summary
After multiple appellants and neighbors described alleged illegal construction, the Board revoked an earlier permit and upheld a later, revised permit for 77 Seneca (two related appeals), voting 5-0 to consolidate and resolve the matter with the revised permit in effect.
The Board of Appeals heard consolidated appeals regarding a second-story addition and a rear deck at 77 Seneca Avenue that neighbors argued was built without permits and damaged privacy and sunlight.
Neighbors and appellants described the addition and the deck as recent, prefabricated and intrusive, with testimony that the second-story backroom had been built in 2004 and was not an earlier structure. Appellants sought a reduction or removal of the deck to protect privacy and gardens; their attorney asked that, if the permit were allowed, the deck be reduced by 8–10 feet.
Cindy Lee, attorney for the permit holder, told commissioners that the planning commission had approved the project with conditions, that a revised permit reduced the deck and stair configuration, and that the permit holder had agreed to the cutbacks. Planning Department staff confirmed that a 03:11 notice had been issued for the revised permit and that the second permit covered both the addition and the rear deck.
After hearing testimony from multiple neighbors and reviewing planning staff recommendations, Commissioner Knox moved to revoke the earlier permit (7A) and uphold the second, revised permit (7B) that included the smaller deck and revised stairway. The motion carried 5-0. Commissioners noted the revised permit was comprehensive and the planning department preferred a single permit on file.
