Former Historic Resources Board chair skirted law for over a year before citation - Palo Alto Online
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Martin Bernstein's renovation of historic home began in October 2020 without needed permits
Martin Bernstein, the former Historic Resources Board chair who received a notice of violation from the city for failing to take out a permit before renovating his historic downtown home, began work on the project more than a year prior to the city discovering the violation, the Weekly has learned.
Bernstein, an architect who had spent more than a decade on the board that oversees historic renovations throughout the city, began to reconstruct the interior of his home at 617 High St., in late 2020, his sister Carol Bernstein told this news organization. She and other family members have seen the work as it progressed, she said.
Her account, which is supported by emails that Martin Bernstein's tenants had submitted to him in February 2021 relating to the construction noise, conflicts with the version of events that Bernstein laid out in an interview last week. When asked about the violation at that time, he had told the Weekly that he had been doing prep work in fall 2021 when his father passed away and when he was diagnosed with cancer — factors that prevented him from completing the applications that he was required to submit for the work he was performing on the building's interior.
But Carol Bernstein said that the work actually commenced in October 2020, well before their father passed away. Furthermore, she alleged that her brother was fully aware that the work he was performing required a permit and that he performed work stealthily to avoid getting noticed. She said she was upset to learn that her brother is using their father's death as an excuse for his failure to obtain a permit.
"The fact he used our father as an excuse to cover up what he was doing is wrong," Carol Bernstein told this news organization.
She said in an interview that her brother made a point of acting discreetly, ensuring that the work is covered up with curtains and removing the debris at night. She said she had regularly visited the house while the work was in progress and she suspected that her brother chose to work discreetly to avoid spending money on the needed permits.
The plan seemingly worked until January of this year, when building inspector Elisa Vargas, acting on information that the city has received, visited the property and saw the illegal work. According to the notice of violation that the city subsequently issued to Bernstein, the city "did not find the required approval and permits for this type of work." In addition, because the property is registered as a historic building, the project requires additional review and approval.
The city's notice that Bernstein violated the city law states:
"Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit," the code states.
The letter from the city also notes that it is "illegal to alter or modify a structure without a building permit" and directs Bernstein to submit plans and obtain permits for any alterations or repairs.
"Failure to comply will result in additional enforcement action being taken, which may include administrative citations, or other remedies provided by law," the letter states.
The notice of violation advises Bernstein that citations for the violation begin at $500 per day, per violation, for the first day, $750 for the second day, and $1,000 per day, each day thereafter for each instance of noncompliance.
"However, based on your cooperation we believe additional enforcement action will not occur," the letter states.
When confronted with his sister's timeline for the interior renovation, Martin Bernstein acknowledged that he began the project in the fall of 2020 and that it involved taking out all the sheet rock, adding insulation and restoring the sheet rock. The work, he noted, involved a lot of nailing and hammering, which led his tenants to complain about the work in February 2021.
He also noted that there were long periods since fall 2020 when work was paused because he was dealing with suppliers and contractors.
"There was a lot of time when no work was being done," Bernstein said.
Bernstein, an architect who specializes in historic renovations, also acknowledged in a Tuesday interview that he was aware that much of the work that he was doing required permits. He said he is in the process of acquiring the permits now and is working with the city to make sure all work complies with code.
"It was an error on my part," Bernstein said.
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source: https://www.paloaltoonline.com/news/2022/02/23/former-historic-resources-board-chair-skirted-law-for-over-a-year-before-citation
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