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Board upholds Wood Street abatement, gives owner two months to document and correct violations; costs assessed
Summary
The board upheld an abatement order for 23 Wood Street (case 679523), voted unanimously to hold the order in abeyance for two months to allow the owner to document the property's condition and attempt corrections, and directed assessment of costs.
The Abatement Appeals Board on Dec. 17 upheld an order of abatement for 23 Wood Street (case No. 679523) but voted to hold the order in abeyance for two months so the owner could document the property's condition and take steps to correct violations. The board also approved assessment of enforcement costs.
John Hinton, appearing for the department, summarized that the two-family dwelling is partially complete with three expired permits, two of which had been renewed and signed off while a third renewal had expired; he said staff recommended upholding the order and imposing assessment of costs. "Considering that staff recommends to uphold the order of abatement and impose assessment of costs," Hinton told the board.
Appellant Alec Berger described long-running litigation tied to the project and said he could not comply with a 30‑day correction deadline because of evidentiary constraints in the appeal process. Berger argued DBI had not responded to several attorney letters and said a lien placed on the property was later revoked after he raised the issue with the department. He told the board that completing the necessary work could require planning resubmittals and that the full repair timeline was uncertain.
Inspector Hinchen for the department reported the partially completed building was taking in water and could have mold and dry rot; when asked about a timeline, department staff conservatively estimated it could take about six months to complete required repairs depending on the extent of water damage.
Given competing considerations, a commissioner moved to uphold the order, hold it in abeyance for two months to allow the appellant to document conditions and attempt corrections, and include assessment of costs. The board passed the motion unanimously by roll call. The board directed staff to continue inspections and to return with a status report if necessary at the conclusion of the two-month period.
The board also noted a separate case for Marina Boulevard was continued and adjourned the meeting at 12:55 PM.
