Board Continues Protest Appeals at 166 Incline Court after Neighbors Cite Safety, Noise and Parking Concerns

Neighbors to 166 Incline Court appealed construction work and asked the Board to limit scope, working hours, and to require mitigation for a substantial underground excavation, an oversized deck and multiple bathrooms that neighbors fear will convert the house into a rooming unit.

Tony Fernandez, who has lived in the neighborhood for 40 years, and Josephine Esco described nighttime floodlighting, a large fill in the rear yard and concerns that digging beneath a foundation could destabilize nearby homes. "If that house slides down the gas lines are gonna break," Fernandez told the board, urging close oversight of excavation and stronger neighbor protections.

Dan Rios, the permit holder, said he had obtained permits, held a general contractor—s license and that the work was intended to bring an older structure up to code and provide safe plumbing and wiring. Rios said the property already contains multiple bedrooms and that the work was not intended to convert the property into a motel.

Departmental staff confirmed there are standard inspections and that building-code limits allow construction noise during prescribed hours. Planning staff said the proposed retaining wall as built exceeded the three-foot limit for a rear-yard retaining wall and would require either plan modification or a variance.

After discussing several options — including limiting construction hours and requiring insulation to address noise — the Board continued both appeals to May 7 to give the parties time to exchange information, for the permit holder to submit revised plans reducing the retaining wall to three feet or seeking a variance, and for DBI to inspect the site. The continuance passed 5–0.