Building inspector rules 106 Academy porch repairs are ordinary maintenance

The Historic District and Landmarks Preservation Commission was told that replacement of 25 rotted floorboards on the front porch at 106 Academy Street was classified by the building inspector as ordinary maintenance and repair and therefore did not require commission approval under the zoning code. The commission received notice that a building permit for the work was issued the same day.

Judith Canals, Deputy Zoning Administrator, told the commission the property owner filed for a certificate of appropriateness to replace the rotted boards with boards of the same size and material painted the same color. "The building inspector did determine that that work did not require approval, but that it would require a building permit," Canals said. She added that the permit was issued that day and the applicant should display the required placard on the property.

Commissioners did not take formal action on the item because the building inspector’s determination—under the zoning code provision cited in the meeting—removed the need for HDLPC approval. The code section cited by staff was identified as section nineteen-5.12 of the zoning code, which staff said covers ordinary maintenance and repair not involving a change in design, material, color or outward appearance.