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Board of Appeals conditions permit at 101 Frederick Street after tenant objections to interior work
Summary
After tenants and appellants opposed exploratory interior work at 101 Frederick St., the Board of Appeals upheld the permit for exterior repairs and allowed shower-pan testing; replacement of shower pans limited to cases where testing shows leaks. The board required the permit holder to provide termite reports to appellants and upheld the permit 5-0.
The Board of Appeals on June 3 heard appellants and tenants who opposed a Department of Building Inspections permit for work at 101 Frederick Street, a four-unit building near Buena Vista Park. Appellants argued the permit—s original scope included interior kitchen relocations and exploratory shower-pan replacements that could force tenants to relocate and harm affordable housing continuity.
Tenant testimony described long-term residency and presented photographs they said showed no active leaks. Appellant counsel asked the board to deny or narrow the permit so that only exterior work proceed (rear stairs and dry-rot repairs) unless testing demonstrated interior work was necessary.
The permit holder and contractor, Tom Mitchell, told the board he had submitted a revised permit excluding kitchens and interior relocation and presented a 2005 termite/structural report he said documented moisture and subfloor damage beneath at least two shower stalls. DBI Chief Building Inspector Lawrence Kornfield described the accepted test for shower-pan integrity (obstruct the drain, flood the pan and observe for leakage) and said dry rot in wood-frame buildings is a serious concern.
After questions and rebuttal, commissioners debated options. Several members expressed concern about tenant displacement and the potential for permit misuse as a pretext to alter units, but also recognized evidence that older shower pans can reach the end of their useful life. The board—s final motion (moved by President Fung) struck items 1 and 2 of the permit (interior kitchen work), retained exterior work, and conditioned item 3 (shower-pan replacement) on DBI-determined testing demonstrating leaks; the board also directed the permit holder to provide the termite reports to the appellants. On the roll call, the motion passed 5-0 and the permit was upheld with those conditions.
The board scheduled time next week to clarify which units the conditions applied to after some parties had left the meeting and to ensure the record and notice procedures matched the intended scope.
