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Board allows rooms‑down addition at 766 40th Avenue after privacy and sound conditions
Summary
The board granted a DBI over‑the‑counter rooms‑down permit at 766 Fortieth Ave with conditions after neighbor Cheryl Cohen raised foundation, vibration and privacy concerns. The permit was approved with requirements for a 42‑inch solid + 24‑inch lattice privacy screen on the new deck and resilient‑channel soundboard on interior shear walls to reduce noise transmission.
The Board of Appeals on Nov. 15 considered an appeal by Cheryl Cohen of a Department of Building Inspection over‑the‑counter rooms‑down permit for 766 Fortieth Avenue. Cohen said the project posed structural risk to a nearby century‑old concrete retaining wall, threatened privacy for her master bedroom and would produce ongoing foot‑traffic noise inches from her bed. She asked the board to slow construction to allow a geotechnical investigation and pre‑construction documentation.
Designer Denise Lindsay and the permit holders said the plans were sized specifically to avoid neighborhood notification by keeping the deck projection within permitted limits and that they had modified the project at planning’s suggestion. The designer offered construction details she said would increase adjacent stability — a new reinforced 4‑inch slab and shear‑wall upgrades — and proposed noise mitigation such as R‑19 insulation and resilient channels.
DBI Inspector Joe Duffy confirmed form‑3 (site) approval was issued and that structural‑stage drawings, geotechnical reports and inspections would be required during permit review and construction. He acknowledged sand fill and urged careful excavation and typical safeguards (grouting/freeze techniques) and inspection.
After deliberation the board voted to grant the appeal in a narrow form: the permit was issued but conditioned to require a solid 42‑inch high privacy screen with 24‑inch lattice facing the neighbor and resilient channels plus soundboard on the new lower‑level shear walls to reduce impact noise. The board emphasized DBI inspection and required neighbor notification for excavation near foundations. Commissioners noted neighbors’ right to pre‑construction geotech surveys but also the routine nature of rooms‑down projects in the neighborhood.
Next steps: Permit holder must include the specified privacy and sound mitigation details on construction drawings and DBI will enforce inspections; the appellant may pursue separate civil remedies for any construction damage if it occurs.
