Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Construction Permit Dispute topic
No spam. Unsubscribe anytime.
Board upholds DBI shoring permit after neighbor alleges encroachment and damage
Summary
The Board of Appeals denied an appeal of a DBI revision to a shoring permit at 1055 Ashbury Street, concluding DBI's over-the-counter review and engineering checks justified the permit despite a neighbor's claims of drilling beyond survey lines and foundation damage.
The Board of Appeals on Nov. 4 denied an appeal by Francis Ryan challenging a DBI revision permit for shoring and excavation at 1055 Ashbury Street, after hearing claims of survey-line encroachment and possible damage to an adjacent garage.
Ryan told the Board he documented drilling beyond survey markers, presented photographs he said showed damage and argued the project should not proceed under an over-the-counter revision. The permit holder said licensed surveyors and structural professionals reviewed and approved the revised design and that survey verification showed work within the permitted lines. Inspector Joe Duffy of the Department of Building Inspection said the revision was filed in May, reviewed by DBI engineers and issued in September; DBI records showed several complaints that were investigated and mostly closed.
Several commissioners asked for monitoring data and surveys. The permit holder said a monitoring program and survey data exist but were not shared publicly; the holder offered that adjacent neighbors could hire a surveyor and that he would share his survey if it would help. DBI staff said that when survey conflicts arise the department typically asks parties to obtain definitive surveys and treats obvious encroachments as civil matters unless an inspector finds clear overstepping.
After commissioners reviewed DBI's inspection notes and complaint history, the Board concluded the permit had been properly issued and voted to deny the appeal. Commissioners said enforcement mechanisms and the civil process remain available if evidence of encroachment or damage is confirmed outside the appeal record.
The decision leaves the DBI revision permit in place; the department noted it would continue to investigate specific open complaints if additional verifiable survey evidence is submitted.
