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Board upholds Beach Street permit after trimming roof‑area scope; parties asked to coordinate revisions
Summary
Facing disputed notice and common‑area claims, the board modified and upheld the Beach Street permit by striking roof‑deck, exterior stair, skylight and water‑heater work from the scope and instructed parties to resolve remaining plan details outside the hearing.
The Board of Appeals on March 21 granted the appellant’s request to alter the scope of a permit for 1753 Beach Street but ultimately upheld the permit with those modifications after extended legal and procedural argument.
Appellant counsel Anthony Soltato argued that the permit issued on Feb. 3 was “facially invalid” because it failed to list a lot number for common‑area roof work and that HOA approval and proper notice had not been obtained. Soltato said work continuing after an earlier jurisdiction hearing had created nuisance conditions in the lower unit, including noise and a porta‑potty on site. Permit counsel Brian Soriano and contractor Brian Shepherd countered that the roof deck had been abandoned, that the permit had been revised and vetted with DBI, and that the parties had tried to accommodate concerns. Soriano said there was “nothing sinister” in obtaining a revision permit and represented that the revised filing removed the roof deck from the scope.
To resolve disputed elements without sending the parties back to square one, the board voted to grant the appeal in part by modifying the existing permit: striking the roof deck and exterior stair, removing any water‑heater work from the roof and eliminating any additions or revisions to rooftop skylights as they appeared in the version before the board. The permit otherwise remains in effect. Commissioners observed that a narrow set of plan clarifications and mechanical relocations (including flue/venting) should be coordinated between DBI and the property owner as a follow‑up. The motion passed 4–0.
Next step: The permit holder agreed to withdraw the revision permit and to work with DBI to reconcile vents/flue and to document the modified scope.
