Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rehearing Denial topic
No spam. Unsubscribe anytime.
Board denies rehearing request for 1244 Treat Avenue foundation and basement remodel permit
Summary
The board denied a rehearing request from a neighboring property owner who said a permit for foundation and basement work at 1244 Treat Avenue invades a party wall; the permit holder and DBI maintained the previous hearing addressed the issues and DBI had peer‑reviewed the structural plans.
The Board of Appeals on April 10 denied a rehearing request from Janet Sum concerning a permit issued for work at 1244 Treat Avenue, concluding the earlier 4‑0 decision to uphold the permit should stand.
Janet Sum, who presented as an adjacent property owner, said the permit for the replacement of foundations and interior remodel to create an additional basement unit would violate an existing party‑wall agreement and invade her property. "We believe this is violating our civil rights as well as our property owner rights," she told the board and provided the recorded party‑wall agreement as an exhibit.
Permit holder Peggy Mango and architect Troy Kishanipur responded that DBI had reviewed the plans and peer‑reviewed the structural calculations and that the rehearing request did not raise new material facts or manifest injustice. DBI staff noted party‑wall situations exist in the city and while separate permits may be required if work goes under an adjacent foundation, the present permit appeared to be limited to the applicant’s side and the engineering approach proposed staged foundation work to reduce risk.
Vice President Anne Lazarus moved to deny the rehearing request. The motion passed 4‑0. The board directed staff to release a notice of decision and order reflecting denial of the rehearing and uphold the prior determination.
The denial concludes the rehearing phase; the permit remains effective and a notice of decision will be released.
