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Board continues unlawful‑demolition case at 40 Fourth Avenue; orders parties to propose remediation
Summary
Facing neighbor complaints of encroachment and extensive unpermitted work, the Board continued the question of whether a demolition occurred at 40 Fourth Avenue to July 18 and asked the project sponsor and DBI to develop a concrete remediation plan addressing encroachments, safety and penalties.
The Board of Appeals continued consideration of an alleged unlawful residential demolition at 40 Fourth Avenue to July 18 after detailed testimony from DBI, neighbors, and the project sponsor’s representatives on June 13.
DBI said field inspectors found that most of the original structure had been removed and that the work exceeded the scope of the issued permit, triggering the unlawful residential demolition provisions. The hearing officer had recommended revocation of the permit and a five‑year moratorium as the statutory remedy. Neighbors documented alleged encroachments, foundation and flashing damage, and nuisance and safety concerns; they urged the board to uphold DBI’s order.
Appellants’ counsel and the project’s consultant acknowledged mistakes and said damage and additional work resulted from unexpected termite/fire repair that arose after opening the structure; they offered to correct encroaching walls, engage engineers and consider financial penalties to offset repair costs. The board expressed reluctance to leave the neighborhood with an unresolved encroachment and directed the parties to present a concrete mitigation plan that would include removal or correction of encroaching walls and a proposed penalty/repair schedule. The board continued the matter to July 18 to allow the parties, DBI and planning to coordinate a remedy and to report back.
