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Neighbors’ Jurisdiction Request Denied after 3–2 Vote; Board Rules Four Votes Required
Summary
Neighbors asked the Board of Appeals to take jurisdiction over a permit for a horizontal addition at 530 Liberty Street, arguing Section 3‑11 notices and plans lacked exterior elevation dimensions. The board split 3–2 to take jurisdiction but did not reach the four‑vote threshold required by charter, so jurisdiction was not taken.
Neighbors of 530 Liberty Street asked the Board of Appeals on July 1 to take jurisdiction over Building Permit No. 20008264169 for a two‑story horizontal addition, alleging the Section 3‑11 notice and the permit packet omitted reliable exterior elevation dimensions and therefore deprived non‑professional neighbors of a meaningful opportunity to review the project.
Jeremy Paul, representing adjacent neighbors, said the 3‑11 and permit documents lacked absolute exterior elevation dimensions and that what the project sponsor told neighbors in outreach meetings did not appear in the permit set. “The documents never showed an exterior elevation,” Paul told the board, saying neighbors relied on the drawings to understand exterior height.
Counsel for the property owners, Brett Gladstone, and planning and building staff said the submitted 3‑11 plans are consistent with the approved building permit set and that DBI inspectors measured the site and found the work consistent with the permit. Scott Sanchez (Planning Department) said neighborhood outreach occurred and that no calls were received during the notification period raising concerns about how to read the plans. Lawrence Kornfield (DBI) described field checks and staff measurements that supported consistency between the approved permit and the built work.
During deliberations commissioners disagreed over whether the absence of clearly dimensioned exterior elevations in the 3‑11 packet created a procedural defect sufficient to warrant jurisdictional review. The board voted 3–2 in favor of granting jurisdiction, but the board’s procedural rule (charter) requires four votes to take jurisdiction. The clerk announced that jurisdiction therefore was not taken and the matter remains under the department’s existing permit process.
Next steps: Because the board did not meet the four‑vote threshold, neighbors retain any available remedies under the planning and building code and may pursue a formal appeal if they identify a code violation in the finalized permit and construction.
