East Broadway resident sues to block new two-family house on lot behind his; says it would ruin his property value

The owner of a single-family home on East Broadway in South Boston yesterday sued to block construction of a new two-family house and the additions of dormers and an extension to an existing home on an East 4th Street lot that touches his property at a single point, arguing the construction would mean more noise, overcrowding and shadows, and less air, light, privacy and property value for him.

In his lawsuit, filed in Suffolk Superior Court, Perry Ganz, owner of 853 East Broadway, says the Zoning Board of Appeal had some nerve approving Milton developer Stuart Mullally's plans for property at 836 East 4th St. Specifically Ganz said the board failed to prove Mullally had sufficient hardship to warrant the variances he needed and that the board failed to put to the test his assertion the land slopes enough to warrant an exception to the area's zoning.

On April 11, at a hearing at which nobody spoke against the proposal, the board unanimously approved Mullally's plans to turn the existing four-bedroom single-family house on the site into two condos, each with three bedrooms, by way of dormers and a rear extension, and to build a new two-family condo building between it and the St. Brigid and Gate of Heaven property next door. The buildings would share six parking spaces in the rear.

In his complaint, Ganz asked a judge to "annul" the approval:

The Decisions contain no explanation or factual basis for the Board's conclusory statement that the proposed development "will not adversely affect the community or create any detriment for abutting residents."

The Decisions contain no explanation or factual basis for the Board's conclusory statement that the proposed development "will not be injurious to the neighborhood or otherwise detrimental to the public welfare."

At the hearing, Mullally's zoning attorney said that even with the addition of an entire new building, the proposal for the 6,442-square-foot lot would still be less dense than allowed under the block's zoning - he cited a "floor-area ratio" of 1.44, compared to the 2.0 allowed. He said the taller of the two buildings would be a little more than 31 feet high, four feet lower than the allowed maximum.

At the board's hearing, a liaison from the city's Office of Neighborhood Services said that there didn't seem to be strong opposition to the project at a Nov. 20 neighbors' meeting, that somebody made a request for a shadow study and that Mullally had one done. Through an aide, City Councilor Ed Flynn supported the proposal, pointing to "good faith compromises" by both the developer and the neighborhood. City Councilors Michael Flaherty and Erin Murphy also had aides voice support.

Watch the zoning-board hearing: