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Building Inspection Commission denies appeal challenging DBI director’s written determination for 550 Jersey Street permit
Summary
After a lengthy hearing on an appeal over permit reinstatement at 550 Jersey Street, the commission found the director did not abuse discretion or fail to render a required written determination and denied the appeal. Appellants said the permit was unlawfully renewed; DBI staff and project supporters said inspections and special inspections were completed.
The Building Inspection Commission on March 21 denied an appeal that challenged the Department of Building Inspection’s handling of a permit at 550 Jersey Street, finding the director did not abuse discretion in not providing a separate written determination within the 15-day timeframe alleged by appellants.
Appellants Joseph Butler, a member of the Little House Committee, and Nancy Werfel argued DBI reinstated a permit in August 2011 even though the prior permit had expired and no work had started; they said the proper legal effect would have been to require a new application and fuller plan checks. Butler said the building code requires a new application in that circumstance and that the reinstatement process here bypassed required reviews.
DBI staff, including Senior Inspector Joe Duffy and Chief Building Inspector Dan Lowry, presented a timeline of permit renewals, inspections and special-inspection affidavits and said the department had reviewed the structural work and recorded required inspections. Project supporters — including the structural engineer Rodrigo Santos and contractor representatives — said special inspections were documented, planning had no objection, and the house has a temporary certificate of occupancy.
Commissioners focused on jurisdictional limits: their task was whether the director failed to issue a required written decision within 15 days, not whether the permit itself should stand. After questions from the commissioners and presentations from both sides, the Commission moved to find that the director did not err or abuse discretion by failing to render the written determination and voted in favor of denying the appeal. The motion passed on a roll-call vote recorded as unanimous.
