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Board denies rehearing request for rooftop garden at 2185 Bay Street
Summary
The board denied a rehearing request for 2185 Bay Street after hearing arguments about whether the rooftop area is an 'unoccupied landscaped area' (20 psf) or an occupiable rooftop garden (100 psf); rehearing was denied for lack of new information.
The Abatement Appeals Board on Jan. 18, 2017, voted to deny a rehearing request for a rooftop-related abatement at 2185 Bay Street, concluding the appellant had not supplied new structural information that would warrant reconsideration.
Rosemarie Bosque, Chief Housing Inspector, and DBI staff presented photographs and staff analysis; DBI said conditions had not materially changed since the November hearing. Appellant counsel argued the board should reconsider because the relevant building-code standards distinguish an "unoccupied landscaped area" (20 pounds per square foot) from an "occupiable rooftop garden" (100 pounds per square foot), and that characterization affects required structural loads.
Deputy Director Sweeney and other commissioners raised safety concerns including low parapet walls, potential for items to blow off the roof in current weather, and permitting requirements for rooftop uses. Owner counsel Jonathan Siegel noted the owner’s concern about an additional 90-day delay and said, if litigation is inevitable, it might be better to proceed promptly.
Vice President Walker moved to deny rehearing; the motion was seconded and the board voted to deny rehearing (roll-call recorded as unanimous after an initial procedural confusion over an abstention). The board’s denial leaves the November abatement decision intact.
