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Needham Zoning Board upholds building permit for 98 Falcon Street after neighbors’ appeal
Summary
The Town of Needham Zoning Board of Appeals on March 19 denied an appeal by abutters Andrew Yost and Stuti Venkat challenging a building permit for 98 Falcon Street, finding the filing timely but concluding the corrected plans met setback and floor-area-ratio rules; stormwater review remains with the Department of Public Works.
The Town of Needham Zoning Board of Appeals denied an appeal on March 19 by Andrew Yost and Stuti Venkat of a building inspector's determination and a building permit (BR251096) issued for 98 Falcon Street, upholding the acting building commissioner's decision.
Board members opened the hearing by framing a threshold procedural question about timeliness. The building permit had been issued Nov. 28; the appellants sent a request for zoning enforcement dated Dec. 1; the building inspector issued a written rejection on Dec. 4; the formal appeal to the ZBA was submitted early January. Opposing counsel argued the board lacked jurisdiction because case law (Connors and Galvin) requires an appeal challenging the validity of a building permit to be filed within 30 days of issuance. "If you are challenging factors that directly relate to the building permit... you must file your appeal within 30 days of the issuance of the permit," counsel told the board.
The applicants told the board they had been monitoring plan submittals, saw revisions and a typographical error, and filed a zoning enforcement request on Dec. 1; they argued plan changes and the content of later submissions created ambiguity about when the permit's contents were known. After discussion and a vote, the board declined to dismiss the case for lack of jurisdiction and proceeded to the merits.
On the substantive issues the appellants raised, the board heard testimony from acting Building Commissioner Joe Prodek, who said department staff discovered and corrected a typographical error in the submitted plans and that his department's review of the corrected, stamped foundation-as-built plan (dated Jan. 6, 2026) shows the house meets the applicable side setbacks, including the two-foot jog that elevates the required setback at that rear portion. On floor-area ratio, Prodek said his takeoff used exterior-wall measurements and that the calculation places the proposed house just under the bylaw limit. "My calculation shows the FAR is about 0.377, and the maximum is 0.38," he said, adding that staff's review confirms compliance.
Appellants reiterated concerns about stormwater and easement changes; the chair and other board members treated stormwater as a matter for the Department of Public Works and recorded the appellants' reservation of rights concerning easements as a private matter outside the ZBA's purview. Town reviewers had no comment on setbacks or FAR, but the transcript shows stormwater review was still in process with DPW.
A motion to deny the appeal was offered and seconded; the board voted to uphold the building commissioner's issuance of permit BR251096 to Paul Pisano for 98 Falcon Street. The chair advised the appellants they have 30 days from the filing of the ZBA's written decision to pursue any further appeal.
The board's decision preserves the parties' procedural options: the appellants may pursue DPW review or any private easement remedies; the ZBA decision addresses the ZBA's role in the permit dispute and leaves stormwater issues to the department with subject matter authority.
The hearing record includes filings and testimony regarding the dates of permit issuance and related submissions; the board's written decision will reflect its jurisdictional and substantive findings and the continuing DPW review of stormwater controls.
