Developer says curb cut was approved; committee forwards retroactive permit approval with penalty

The Committee on Regulations voted to send a retroactive curb-cut approval for 215–219 Earl Street to the full council after requiring the applicant to pay double the standard permit fee within 30 days.

Developer Josh Kabalo told the committee he is the owner and contractor for the three–townhouse site and that he purchased the property believing curb-cut approvals were already in place. "I bought it as already approved," Kabalo said, adding that his team removed and replaced about 160 feet of sidewalk and installed handicap ramps to the city’s specifications.

Committee members said the curb cut was performed "after the fact" without a prior curb-cut permit. A committee speaker noted that, under the committee’s regulations, a common response is to require payment equal to twice the permit fee when work proceeds without a permit. The motion approved by the committee directs that payment be made and forwards the item to the full council for final approval.

The committee and the applicant also discussed timing: Kabalo said he had a closing scheduled for the coming week and sought to avoid delays; the committee’s next full-council meeting was noted as the earliest opportunity for final action.

The committee recorded the motion and voted to carry it forward; the transcript records the motion carrying but does not include a roll-call tally in the public transcript.

Next steps: The full council will consider the curb-cut approval after the applicant submits the required retroactive fee payment.