Commission declines Doctor request and approves discretionary review for roof deck at 349 Bank Street

The Planning Commission on March 7, 2013 declined to take a "Doctor" (exceptional) discretionary review and voted to approve the project to legalize a roof deck at 349 Bank Street.

Staff presented the case report and the rationale under code for not requiring a Section 3.11 notice in this instance; neighbors north of 349 Bank (represented in testimony by Vicky Shipkowitz) objected to the deck on grounds of privacy intrusion, increased noise and security risks and said they were not consulted before construction activity began. The owner, Ritu Vora, said the property had previous unpermitted construction when purchased and that the current work was permitted and meets building and fire-safety requirements. Supporting testimony for the Doctor requester stressed perceived increased noise and security vulnerability; supporters of the owner said the renovation improved insulation and fire safety.

After deliberation, Commissioners found the case did not present "exceptional or extraordinary" circumstances to grant the Doctor request and moved to approve the project as proposed; the motion passed unanimously among the voting commissioners.

The Commission noted that damage claims and alleged unauthorized entry during construction are civil enforcement matters outside the Planning Commission’s jurisdiction and that the parties may seek remedies through civil channels.

Next steps: The approved project proceeds to the standard building-permit and inspection sequence; neighbors and owner were advised of civil remedies and enforcement channels for any alleged property damage.