Board upholds Zoning Administrator release of suspension for 349 Bank Street deck

The Board of Appeals upheld the Zoning Administrator’s decision to release a suspension on work at 349 Bank Street, where owners installed a roof deck and later sought to legalize it through permit revisions. Neighbors argued the deck creates easy cross‑roof access, privacy and noise concerns; the owners said the work regularizes a previously distressed property and complies with building and planning code. Planning staff acknowledged an earlier notification oversight, performed the required block‑book notice and allowed discretionary review; the Planning Commission declined to take discretionary review and the Zoning Administrator released the suspension. The Board found no error or abuse of discretion in the Zoning Administrator’s handling and upheld the release 5–0.

Neighbors raised liability and trespass concerns; inspectors noted that a guardrail height of 42 inches is required at the permit holder’s walking surface and that worker trespass onto adjacent roofs was not appropriate. The Board directed normal enforcement channels (DBI/Planning) to ensure final compliance with building and fire code requirements.