South Boston neighbors' tiff prompts a cry of nepotism

Amanda and Marc Pezzuto plunked down $780,000 for a condo on P Street in South Boston's east end. With four decks, cherry floors, and stunning ocean views, it was to be their home for years to come.

They were planning to move in on July 19, but there is one small difficulty. They learned two weeks ago that the neighbors behind them, Thomas P. and Jean Flaherty, want the right to regularly use the Pezzutos' driveway to get to their backyard, where they want to park their cars. The Pezzutos' condo association refused.

Then the neighbors, who are the aunt and uncle of City Council President Michael F. Flaherty, allegedly told the Pezzutos they would do everything they could to make sure the city denied Amanda Pezzuto's request to park an additional car at the property.

''They said, 'If you're not going to give us ours, you're not going to get yours,' and stormed out of the driveway," she said. ''Those were the last words they said."

The Pezzutos went before the Zoning Board of Appeal last week, believing they would be granted routine approval to park two cars -- one more than the condo developer had originally obtained approval for. But they were denied. One of the zoning board's members sent word through a third party that the Pezzutos would not get permission unless they relented and allowed the Flahertys access to the driveway, Amanda Pezzuto said.

''We felt confident we'd get the second space," said Amanda, a sales executive for a Back Bay medical company. ''We'd never gone through anything like this. We had no idea what the process was like. We were at the hearing, waiting to be called. That's when a gentleman came over to our contractor and said it was getting denied. He said it was getting denied unless we granted the easement to the Flahertys."

The condo's developer, Christopher Walsh of Boston Realty Development, said he was with the Pezzutos at the time.

''We were sitting in the back of the room, and a man comes up and introduces himself," said Walsh. ''He said he represented someone on the board. He said, 'I'm letting you know that if you don't grant the Flahertys an easement, this is going down.' This had already been decided. Flaherty put some pressure on the board and made phone calls, and we got denied." Walsh did not know the man who approached him and is not certain which board member he purportedly was representing.

Michael Flaherty, who vehemently denies that he in any way influenced the board's decision, did not initially return a reporter's phone calls last week. Instead, Councilor James M. Kelly, who represents a South Boston district, responded on his behalf, saying he -- not Flaherty -- had opposed the project because there hadn't been adequate community input. Kelly criticized the handling of a community meeting that Walsh arranged between the neighbors and public officials, including Kelly, who said he did not attend.

''I opposed it because Chris Walsh didn't work with my office or the Mayor's Office of Neighborhood Services to arrange a date for the neighborhood meeting," said Kelly.

Yesterday, Flaherty angrily denied that he interceded on behalf of his aunt and uncle.

''I wasn't even at the zoning board -- absolutely, unequivocally no," he said. ''Not now, or not ever. Nothing is that important that I would compromise myself or the process. If someone is telling you I spoke to a board member, they're lying to your face."

He said he was unaware of details of the dispute, and that his sole involvement was to give his uncle's phone number to a real estate broker who was trying to mediate.

Robert Shortsleeve, chairman of the zoning board, said he was not pressured by anyone to reject the request. The board turned it down, he said, because there isn't enough room for a car to maneuver in the space without making multiple turns.

''You don't grant something that you have to do nine turns or three turns to get into," said Shortsleeve. ''The architect [on the board] said there's not enough space. We said, 'Fine.' "

The Zoning Board of Appeal had originally approved three garage spaces for the building, one for the Pezuttos and two others for additional condo owners in the building, he said. The Pezzutos wanted permission to park a second car on the driveway outside their garage. When Walsh received his approvals, he didn't ask for a fourth space on the driveway.

''It was a pretty dense, big project," said Shortsleeve. ''They built it then knowing a fourth space would have been too much to ask for, then came back a year or two later asking for more. It's nibbling. It's really offensive."

Thomas and Jean Flaherty did not return phone calls seeking comment. Michael Flaherty said he did not know what his relatives said to the Pezzutos, but doubted they made any threats, veiled or otherwise.

''I know they've had issues with this piece of property," said Flaherty, adding that the broker who sold the condo, Jay Rooney, asked him to try to set up a meeting between the Flahertys and the Pezzutos. ''I told him, 'My uncle's a reasonable man. Here's his phone number. Call him.' That's the last I heard of it."

He accused the developer of selling the Pezzutos a ''bill of goods" by telling them he would be able to win approval for the extra parking. ''He doesn't have the best track record in the neighborhood," Flaherty said.

Said Walsh: ''They knew they couldn't park out there legally. They were well aware of the situation and were comfortable with it."

Meanwhile, the Pezzutos, who have lived in South Boston for five years and bought the condo because of the parking, said they're not sure whether they'll even move in.

''I never thought it would get to this level," said Pezzuto. ''I'm totally frustrated . . . If I had known this would happen, we never would have bought it."