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Board revokes permit for 47 Prospect Avenue, finds misrepresentations about grading and deck
Summary
Neighbors testified the property at 47 Prospect was materially regraded and an oversized deck and retaining walls were installed without permits. DBI and Planning identified inaccurate information on the permit application; the Board revoked the permit and ordered the project sponsor to start over with accurate plans.
A sustained neighborhood campaign alleging major unpermitted grading and a newly installed deck at 47 Prospect Avenue led the Board to deny and revoke the permit on March 19. Appellant Sunny Moon and nearby residents presented photographs and long‑time local testimony that, they said, showed substantial regrading, new retaining walls and a deck placed higher than the original grade, exposing adjacent properties to potential loss of privacy and drainage impacts.
Sunny Moon said the backyard grade rose substantially and that a new deck sits nearly at the same level as neighboring windows. "They... pushed up the soil and they did the deck without permits," Moon told the Board, asking for the permit to be revoked and the deck removed.
Representatives for the property owners argued the retaining walls are engineered, the changes increase slope stability, and proposed to dismantle and re‑grade followed by a reinstallation of a lower deck that would not exceed the 30‑inch threshold that triggers building permits for decks. Their geotechnical witness testified the retaining walls and soils were safe and competent.
DBI and Planning staff said the permit application included incorrect statements (it described the work as replacement of an existing retaining wall with the grade to remain the same) and that the work performed exceeded what the issued permit described. Planning recommended denial because the actual work would require a variance and accurate grading information; DBI confirmed earlier notices of violation and a prior order of abatement.
After hearing testimony from multiple neighbors and experts, the Board found the permit had been issued based on misrepresentations in application materials and evidence that the existing grade had been materially altered. Commissioner Huang moved to deny (revoke) the permit for that reason; the Board voted 5–0 to revoke the permit and required the sponsor to submit a new, accurate application reflecting actual existing grade and any proposed grading and retention work. The Board also noted that denial limits reapplication unless the applicant corrects misstatements and submits a materially different plan set per municipal code.
The decision obliges the permit holder to resolve outstanding violations and to pursue a proper review process (including grading sections and any variance or conditional approvals required) before resuming work.
