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DRB members press applicants, staff on certification and oversight after unpermitted height increase
Summary
Board members questioned why the 4.33‑foot exceedance went undetected after a 2023 certificate of occupancy and discussed possible changes to certification processes and who should sign completion affidavits to prevent similar oversights.
During the South Burlington Development Review Board’s Feb. 3 meeting, multiple board members pressed the applicant and architect about why a roughly 4.33‑foot height exceedance was not discovered earlier, noting the project had received a certificate of occupancy in 2023.
Board member Frank Cokman framed the concern as a systemic oversight: “...somewhere along the line, there was a missing checks and balances.” Members explored whether the certificate of occupancy practice — which in this case staff said may be signed by an owner or owner’s representative — should change so that architects or engineers sign affidavits attesting that construction conforms to permitted plans.
Staff and board members discussed whether stronger administrative requirements or referral to professional associations (for alleged violations of professional certification) would be appropriate pathways. One board member noted that certain state permitting regimes require designers to declare conformance at project close; that certification could provide a disciplinary route separate from DRB review.
No administrative changes were adopted at the meeting; the board closed the public hearing and said it will deliberate and decide on the after‑the‑fact application in a closed deliberative session.
