Once burned, neighbors fear double jeopardy

But developer George Georges has proposed, and neighbors have protested, building two three-story town houses on the lots at 3 and 5 Lincoln Place. And on Tuesday , a state building code appeals board granted Georges's request.

"I'm outraged by it," said Councilor at Large Stephen Murphy , who chairs the city's public safety committee, when contacted about the decision, vowing to go to Governor Deval L. Patrick about how it was handled. "There's no way this should've happened."

Building on the lots would make fighting a fire and evacuating residents there significantly more difficult, said Lieutenant Paul Glora, an engineer who testified on behalf of the Boston department. "There isn't access here. Having access is critical to the Boston Fire Department."

Lincoln Place, a narrow passage between Elm and Green streets , is not wide enough to accommodate city fire and rescue apparatus , said Glora , calling a suggestion by a fire expert testifying for Georges that firefighters could hand-carry ladders down the 80-foot lane without delaying rescue efforts "absurd."

The state fire code requires access roads be at least 18 to 20 feet wide because city fire trucks need at least 12 feet across to be fully operational, he said. Much of Lincoln Place is just 10 feet wide.

Kevin Joyce, Georges's attorney and a former Boston inspectional services commissioner , told the board there should be little concern about a fire on Lincoln Place since the new homes would be built with fire retardant materials, and commercial sprinkler systems, and have a fire wall between the units .

Chairman Harry Smith called the board's 2-1 decision "a reasonable compromise between regulating the building's safety and the property owner's right to build on his land."

In the board's first ruling on the case, in July 2006 , it voted, also 2-1, in favor of Georges, stating he "should be allowed to enjoy his rights in the use of his property."

"This is a reasonably safe building," noted board member Brian Gale at last week's hearing. "We can't guarantee the public safety of anyone in the Commonwealth of Massachusetts."

In March, six neighbors filed a lawsuit in Suffolk Superior Court against Georges, who had appealed to the state board of building standards last July after being denied permits by the city's Inspectional Services Division and zoning board in early 2006.

Paul McNally, who lives on Green Street, said the back of his wooden, 1860s-era home still bears scorch marks from the 1960 fire on Lincoln Place that destroyed the two residences.

Most neighbors say they have no ill will toward Georges, noting that he developed several of the abutting homes they now live in . But they're alarmed that a little-known state board has seemingly overridden the authority of Boston fire and zoning officials.

They say they've even offered to buy the two lots from Georges to keep as a yard or a park, but he's turned them down.

Reached for comment Tuesday after the board's decision, Georges said he was pleased by the outcome, and reiterated the safety features proposed for the buildings. There is no timetable for construction, he said, but indicated plans would be "moving forward" despite neighbors' objections.

Sean Sullivan, an abutter, said he's not sure what the neighbors will do now. They expect to go back before the Superior Court judge to review the board's latest decision, though Sullivan said it's unlikely the judge will overturn the ruling. At that point, it'll be up to the residents to decide if they'll pursue what could be a costly and lengthy legal appeal, said Sullivan.

He said he is upset with what he believes was open hostility toward the neighborhood's position shown by board chairman Smith, and intends to ask for a formal review of last week's hearing and get the case reheard by a new panel.

"They were just so clearly biased," said Sullivan. "They should not be able to" issue a ruling in favor of a builder when his project is "in defiance of public safety. It's angering, it's frustrating and frankly, it's scary."

Christina Pazzanese can be reached at cpazzanese@globe.com.