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Board overturns revocation request and reinstates permits at 2823–2827 Greenwich
Summary
The Board of Appeals overruled the Zoning Administrator’s revocation request for 2823–2827 Greenwich Street on July 31, finding the ZA erred in relying on a recently discovered 1970 Certificate of Final Completion and Occupancy; permits were reinstated by a 4–0 vote.
The Board of Appeals on July 31 overruled a revocation request lodged by the Zoning Administrator concerning alteration permits at 2823–2827 Greenwich Street, reinstating three permits and finding the ZA erred in relying on a 1970 Certificate of Final Completion and Occupancy (CFC) as the basis for revocation.
Appellants argued that a 1970 CFC and related records showed the property had been legally established as a three‑unit building, which would affect unit counts and rent‑control status. The permit holders said they had relied on the Department of Building Inspection’s 3R report showing the building as a two‑unit dwelling when they bought and renovated the property, removed an alleged illegal unit and carried out approved work in good faith.
DBI and Planning staff described how 3R reports are generated and updated, and explained that the 1970 CFC surfaced in a housing division file and subsequently triggered a revised 3R report. DBI witnesses acknowledged the unusual procedural situation and said the records management division processed the document when received.
After lengthy questioning, public testimony, and deliberation that emphasized reliance interests and equity for owners who had invested in renovations, commissioners voted 4–0 to grant the appeal and reinstate the permits, finding the ZA had erred in relying on the 1970 CFC. The Board directed that DBI and planning coordinate any necessary record corrections; the reinstatement allows the permit process and final inspections to proceed.
