301 Shawmut Ave #33
Boston, MA. 02118

617.426.5165

April 1, 2005

Zoning Board of Appeals
Boston City Hall, Room 204
One City Hall Plaza
Boston, Ma. 02201


To Whom it May Concern,

At the March 2005 Eight Streets Neighborhood Association meeting, several residents of 79 Waltham Street presented plans for four units in the building to add four 10 foot decks to the rear of their units. Petitioning Eight Streets were the owners of 79 Waltham, Units 2-5: Katherine Divne, Jas Bhogal, Petra Bouyea, and the Breeses.

Eight Streets membership voted to not oppose the request for the residents of 79 Waltham, Units 2 thru 5, to build these decks as illustrated in the designs presented to the neighborhood by architect Paul Curtis.

The Eight Streets membership was made aware of the objections of the residents of 79 Waltham St, unit 1, but the Eight Streets membership felt the other residents of the building were in their rights to also have outdoor decks. The design the presented had larger than usual decks, but this allowed for the vertical posts to not interfere with the decks on the parlor level. Their decks were also shorter than the deck on the parlor level. The residents of the upper floors also presented the Neighborhood Association a large collection of letters of support.

The residents of 79 Waltham, #1 were not present at the meeting, and did not present Eight Streets with any letter prior to the meeting.

Eight Streets meeting notices are published on the web 10 days before the meeting, published in the news papers 5-6 days before the meeting, and posted on neighborhood fliers 4 days prior.

Since the March Eight Streets meeting, both parties have contacted the Eight Streets Neighborhood Association. There is apparently a dispute concerning the right to erect upper decks. Both parties are also presenting different versions of events leading up to the Eight Streets presentation. We believe these are legal issues, and it is neither the Neighborhood Association's role, nor responsibility to decide such matters.

Eight Streets members were presented with deck designs, and were made aware of Unit 1’s objections, and voted not to oppose the effort to construct decks. The Eight Streets board, after hearing additional information from both parties, has decided this information would not have affected the original vote, and has related the vote of the membership to the ZBA via this letter. Both parties, of course, will have the opportunity to present their opinions before the ZBA during the petitioners hearing.

Please feel free to contact me with any questions or concerns on this subject.

Thank you.

Yours,

John McLachlan
President
Eight Streets Neighborhood Association

CC: Katherine Divne (79 Waltham St)