Board declines to order removal of disputed wall at 1616–18 Iris Ave; permit upheld by operation of law

The Board of Appeals reheard an appeal on Feb. 10 challenging portions of a permit for 1616–18 Iris Avenue and a property‑line wall that an appellant said was added without appropriate notice. Appellant Cathy Divincenzi asked the board to require the permit holder to revise five plan sheets to remove a wall shown on the approved site plan and argued the wall had been added contrary to her "block book" notification rights and that a second‑story deck would extend outside the 2013 building envelope.

Permit holders Jim Murray and counsel said planning and building staff had previously approved the site permit and that they did not intend to build the wall; Murray told the board he would abandon construction of the wall if that would resolve the dispute. Building and planning staff (Joe Duffy and Corey Teague) testified that technical reviews clarified that a 1‑hour property‑line wall was not required under the applicable code interpretation and that the permit meets 2013 code requirements.

Commissioner Swigg moved to grant the appeal and impose a condition removing the disputed wall from permit sheets. That motion failed to garner the four votes required. Board minutes record: "That motion does not pass. It needed 4 votes. It got 3." With no further motion, the permit remains upheld by operation of law.

Outcome: Motion to require plan revision failed; the permit stands as issued and departments will proceed with their addenda and plan‑check processes. Appellants retain administrative remedies available under code where applicable.