Abatement Appeals Board upholds abatement order on safety grounds for 2195 Green Street, gives owner 30 days to seek permits

The Abatement Appeals Board voted 4–1 to uphold an order of abatement for a roof deck at 2195 Green Street but modified the order to focus on life‑safety corrections. The board’s action requires the property owner to seek permits to address code‑compliant guardrails and appropriate patio material within 30 days, after which DBI inspection and sign‑off could close the case.

DBI acting chief building inspector John Henshin presented the department’s case, citing an April 25, 2021 notice of violation that described an occupied roof deck on the four‑story condominium without code‑compliant guardrails and noted that a search of city records “failed to unearth a building permit.” Henshin said a 2013 permit application for new roof pavers was filed but not issued and that uninspected repairs and tile removal in earlier litigation raised concerns about possible dry rot and uninspected framing.

The owner’s attorney, Nile Vignole, said the roof deck has been used as an occupiable deck since 1981 and that earlier permits and court rulings supported the longstanding use. “The roof deck has been used for 40 years continuously,” Vignole said, arguing that the underlying use should not be deemed a nuisance; he added that the owner was willing to install guardrails if required. Neighbor Scott Maines testified the site presents a serious hazard where a missing railing exposes a three‑story sheer drop into an air shaft.

Board members focused the action on life‑safety, not on resolving decades‑old permitting disputes. Joe Duffy, secretary to the board representing DBI, recommended permit language requiring reinstatement of roof‑deck patio material and a new guardrail system and said archival plans from about 1980 show patio details and a 42‑inch guardrail height used at that time. DBI staff stated that if the owner obtains appropriate permits that are inspected and signed off, DBI will close the notice of violation.

Commissioner Eppler moved to uphold the order of abatement but modify it to require the owner to obtain permits addressing guardrails and patio material within 30 days; Commissioner Newman seconded. The roll call recorded the result as a 4–1 vote (Yes: President Tam, Vice President Eppler, Commissioner Newman, Commissioner Summer; No: Commissioner Beto). The board clerk announced the motion passed with four yes votes.

The order includes an assessment for DBI staff time of $2,116.26 to date. The board noted that if the owner demonstrates permitted work or obtains required permits addressing the guardrail and surface material, the case can be closed. Several commissioners also emphasized that the HOA’s responsibilities and ongoing litigation affect the owner’s ability to complete repairs; the board left those civil‑law issues to the parties and focused its action on public‑safety compliance.

The board recorded the modified order and adjourned the meeting at 10:23 a.m.