Board of Appeals upholds permit for 7-by-14-foot deck at 525 Hurst Avenue, denies neighbor's appeal 5–0

President Jose Lopez convened the Board of Appeals hearing on Jan. 31 and heard an appeal from Daniel DeStefano opposing a deck and stair added at 525 Hurst Avenue. DeStefano told the board the building activity included excavation and a concrete patio and that the post-construction permit did not reflect the as-built conditions. “The deck and the staircase ... will look into our bedroom windows,” he said, urging the board to grant the appeal.

Property owners Dana and Edward Wong said the project is a small 7-by-14-foot deck with a 3-foot staircase to permit backyard access and that the Department of Building Inspection approved the alteration permit on Nov. 7, 2023. Tina Tam, deputy zoning administrator, said planning staff approved the deck over the counter on Oct. 26, 2023, and that the proposed setback and dimensions meet the planning code and residential design guidelines.

Kevin Birmingham, acting chief inspector for DBI, told commissioners that the patio work was considered landscaping and did not require a permit and that DBI had investigated two complaints and closed them. “It’s a pretty straightforward permit,” Birmingham said, recommending the board deny the appeal and uphold the permit.

Commissioners asked whether neighbors had opportunities to resolve questions before appeals; some members recommended future outreach improvements for planning and DBI but emphasized that the board’s role is to decide whether the permit was properly issued. Commissioner Rick Swig moved to deny the appeal on that basis; the board voted 5–0 to deny the appeal and uphold the permit.

The board recorded the vote as Ayes from President Jose Lopez, Commissioner John Trezvina, Vice President Alex Lemberg, Commissioner J R Epler and Commissioner Rick Swig. No further direction or continuance was given. The permit remains in effect and the appellant was advised of complaint and enforcement channels if he believes additional unpermitted work occurs.