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Board continues contested 8 Palm Avenue appeals to Feb. 10, asks permit holder to present alternate designs
Summary
After lengthy testimony about over‑excavation, property‑line surveys, and relocated entrances, the Board continued two appeals on 8 Palm Avenue to Feb. 10 and allowed the permit holder to submit revised plans showing alternatives with no rear entrances.
The Board of Appeals continued two appeals concerning extensive renovation work at 8 Palm Avenue to Feb. 10, asking the permit holder to submit revised plans showing an alternative design with no entrances in the rear. The case bundles two appeals (by Leanne Napolitano and the Francis Judnick Living Trust) that challenged over‑the‑counter permits that critics say led to over‑excavation, relocation of unit entrances and lack of neighbor notice.
Appellants described a sequence of over‑the‑counter permits and an excavation that, they said, went beyond authorized limits and undermined a neighboring foundation. Liana Napolitano said she received no notice and objected to moving entrances to the rear, arguing the change would turn a private backyard into an alley and increase noise and security concerns. Elizabeth Bader, for the Judnick Trust, cited excavation beyond the property line, pressed for use of a professional property‑line survey and asked for a licensed superintendent to oversee work near the property line.
Permit holders— counsel, John Kevlin, and homeowner Josh Baker apologized for the excavation contractor—s errors, said the contractor was fired, and offered mitigation: adopting the appellant's property survey, installing a front security gate, planting privacy screening and incorporating a licensed superintendent or inspector into the work. They proposed holding the concrete walkway 2 inches off the property line and updating plans and addenda to memorialize agreed revisions.
DBI Inspector Joe Duffy described issuing a stop‑work order and the dangerous excavation conditions observed; he said the site has been stabilized since and recommended a superintendent and better outreach by contractors. Planning's Corey Teague confirmed the permit was approved over‑the‑counter on Oct. 17 because the work did not expand the building envelope and therefore was not subject to neighborhood notification under the planning code.
After extended questioning and discussion of possible front or side entrance alternatives, Commissioner Fung moved to continue the case to Feb. 10 and invited the permit holder to submit revised plans (due the Thursday prior to the hearing) showing an alternate design with no entrance in the rear. The motion passed with recorded Aye votes from President Anne Lazarus, Vice President Daryl Honda and Commissioner Rick Swig.
The continuance gives parties an opportunity to agree on revised plans, or to have the board consider those alternatives and any remaining objections at the Feb. 10 hearing.
