Commissioner honda, commissioner santacana and commissioner tanner. He will provide the board with legal advice this evening. Im julie, the boards executive director. We will be joined by representatives from the City Department that has cases before the board. Scott sanchez from the Planning Department is sitting in front. He also representing the planning commission. We have joseph duffy representing the department of building inspection. We have leah from San Francisco public works and i believe debra will be present from San FranciscoPublic Works Bureau street use and mapping. The board requests that you turn off or silence your phones and other electronic devices. Please carry on conversations in the hallway. The rules of presentation as follows. Appellants permit holders and respondents are given seven minutes to present their case and three minutes for he re but thal. Rebuttal. Members not affiliated with the parties have three minutes to address the board and no rebuttal. They are given three minutes and no rebuttal. To assist the board you are asked but not required to submit a speaker card or Business Card to board staff when you come up to speak. Speaker cards are available on the left side of the podium. Please note that the board reserves the right to not call an item after 10 p. M. Given the size of the calendar Public Comment will be limited to two minutes. If you have questions about requesting a rehearing, the board rules are hearing schedules. Please speak to staff or visit the board office at 1650 Mission Street room 304. This meeting is broadcast life on sf gov tv and will be rebroadcast on channel 26. The video is available on our website and can be downloaded from sfgovtv. Org. We will swear in those who intend to testify. Any member of the public may speak without taking an oath pursuant to the rights under the sunshine ordinance. If you intend to testify and wish to have the board give your testimony evidentiary weight stand up and say i do. Do you swear the testimony you are about to give will be the whole truth and nothing but the truth . I do thank you. Please be seated. Item number one is general Public Comment. This is an opportunity for anyone who would like to speak within the boards jurisdiction but that is not on tonights calendar. Is there anyone here for general Public Comment . Please approach the microphone. As i mentioned before Public Comment is limited to two minutes. Good evening. Welcome back. Hello, board and president swig. I just have a question here as a point of order. On item 7a 7b and 7c, it says they shall be heard together. I understand each of these appellants have paid 300 and it seems to me they should each have a turn to speak before the board. So as a point of order i would like to propose that and would like your response. Thank you. Thank you. I would like the executive director to respond to that question, please. Because i think theres a lack of clarity with regard to when things are held, when items are combined, that doesnt preempt anyone from right. Because all the appeals concern the same permit so Public Comment is limited. We dont have three separate sets of Public Comment. Right. But the individuals who filed the appeals will have the same amount of time to speak. That is correct. And they wont be three appellants correct . Thats right everybody will be their time. Correct. Okay. Next speaker, please. Hi, my name is paul. Im here to talk to you about the case. 181129. That was decided on august 9 of 2019. And that was the case that had some Indian Tribes and significant interveners. The interveners lived in montgomery county, maryland and also tracked to the National Resources defense council. This was about an fcc order that was trying to skirt National Environmental policy review, nepa act and they were caught. The judges didnt buy the argument. They didnt say these things were small or an 800,000 unit rollout was not impactful to the environment. And so they found it arbitrary and vacated that portion of the order to make it unlawful. Well they license their frequencies from the federal government. That makes every single small cell in San Francisco part of that federal undertaking. And we heard from the Dc Circuit Court of appeals that at this point only application needs to have a completed Environmental Assessment or Environmental Impact statement in order to go forward. Ive been listening to the tapes of this board for many, many weeks. Youve been seeking some way to say how do we stop this. This is exactly how you do it. You follow the Dc Circuit Court of appeals and you say excuse me, until we have substantial written evidence in the Public Record that such a review has happened by the Wireless Industry and fcc then the application is deemed incomplete. It takes a simple letter from your Department Public works to every applicant and their agent. You can do that tonight. You could actually inform the applicants and the agents here tonight. Theres no thank you. Now everything must stop. Thank you. Is there any other general Public Comment . Good evening and welcome. Hello. My name is sheryl hogan. Could you speak into the microphone. My name is sheryl hogan. And ive come before you and im coming to speak again about the microwave cell tower issue. I would like to tell you some information that i have and you have my documentation. The attorney for verizon called and stated the microwave cell towers are allowed on fire stations in San Francisco. I called the Firefighters Union and was told that is not true. They said verizon would indemnify the city from possible harm from cell towers if there were lawsuits against the city by its citizens. You have documentation in my exhibits to the contrary. In fact, the fcc mandated the Communications Companies alert their stockholders of potential risk because Insurance Companies will not insure them. Paul introduces annual supposed expert as a member of aide in a former meeting here. There is no aiee. In 1963, aiee combined with the institute of radio engineers and established ieee. I called new york ieee. Daniel roe is not a member of ieee according to the institute of electrical and electronic engineers. Ieee representatives gladly spoke to me as my father was executive Vice President of ieee and the recipient of the fredericks phillips gold medal for his research in microwave technology. Im going to read a quote from Richard Fineman who god the nobel prize. It is our responsibility today not to give the answer to drive everybody down in that direction and say this is the solution to it all because the limits of our present imagination. Your time is up. Thank you. Would you like a copy of Richard Finemans quote . No, thank you is there any other general Public Comment . Okay. Seeing none we will move onto item number 2. Commissioner comments and questions. Commissioners. Executive director, could you please remind the department of health that they made a commitment to us several months ago about an update on the 2010 commentary on the dangers of or not of cell phone and Wireless Communications and made the commitment to have that reward to us some time i believe in early december. And would you please let them know that we are anxiously and probably other members of the public im going to make that big leap of faith, that we are all anxious to receive their report as they promised. Thank you. Any other commissioner comments, questions . Is there any Public Comment on that item . Seeing none, we will move onto item 3 adoption of the minutes. [off mic] okay. Please approach. I did speak to dr. Thomason october 22 and again yesterday by phone. And i have later, i would like to share with you and gave you an email today, its in your packets. , of the people we asked to get in touch with. Hes reached out to two. Theres eight more. We are asking him to do the Due Diligence required before he revises this letter so he may have to take another week in december to get it done. We have carefully gone through the december 10 memo and given him contravening evidence to dispel that memo so he has the due to to duty to look at the science and put his professional judgment, not political issues but professional judgment on his medical determination. We expect that to happen in early december. Thank you. Thank you. Is there any other Public Comment . Okay. Moving onto item number 3 commissioners before you for discussion possible adoption are the minutes of november 13, 2019 meeting. Do we have a motion or comment . Move that we adopt the minutes as submitted okay. Is there any Public Comment on that motion . We have a motion from commissioner tanner to adopt the minutes from the november 13 meeting. On that motion. [roll call] that motion carries 50. We are now moving onto item number 4. This is a jurisdiction request property at 162 carl street k group llc requester is requesting the board to take jurisdiction oversight permit 1031520 which was issued on august 3, 2017. The appeal period ended august 18, 2017 and the jurisdiction request was filed at the board office on october 31, 2019. The permit holders were megan and bruce warren. Their permit description is to demolish existing rear extension on first and second floors rebuild existing internal stair remodel first floor bath closets and bedroom, addition on three floors. We will hear from the requesters first. You have three minutes. Thank you. I want to say thanks to the commission for giving us the opportunity to speak. My name is bill kearney. If you wouldnt mind. Thank you. Sure. My name is phil kearney my sister is susan kearney. The two of us are the k group. We are asking for the commission to grant our jurisdiction request to reopen the permit window. We are city natives. We have never complained to this board or any board before. This is our very first time showing into a forum like this. The permit we are contesting was apparently issued in august of 2017. It directly impacts our building. And well talk about that in a moment. Its going to require us to spend at least thousands if not tens of thousands of dollars. And we literally even though this was the permit was granted in august 2017 we literally learned of this in a sushi shop two months ago in 2019. And my sister will talk more about the notice in just a moment. We bought this threeunit building in 2000, almost two decades ago. Weve never lived there not for a night not for a day. And the notice went there instead of to us to our tenants who never notified us. We dont contest that bruce and megan who weve known for many years have a right to expand their home at all. But if they proceed without accommodation to us, we will either end up with windows to nowhere that are literally closed off boarded over vents removed and allowing stoves not to vent or we are going to have to remove the existing windows, remove the framing, remove the siding, reframe reside, sheetrock the interior, reimagine the interior cabinets add new deckwork, and well be losing light the ventilation. Its significant. We believe we have a right to some consideration by the Planning Department. Thank you. Thank you. Susan kearney. Partner in the k group. Im going to speak to the notification process. If you could adjust the microphone. Hear me . Yep ill speak to the notification process of the city which we believe was flawed since we didnt receive timely notification we couldnt appeal during the appeal window. So i would like to direct your attention to documents that we submitted showing that dbi and planning who were involved were both showing the wrong address for owners. It was showing the building our property address. And also in the board response, i would like to show the Mailing Address on three exhibits was our personal address and not the apartment address. Thank you. I have a question maam. So after reviewing the brief, action for jurisdiction request is lack of notification. What is your property tax mailed to . According to actually i was looking that up. According to exhibit lets see 2 exhibits 1 and i think that would be the current one, exhibits 1 and 2 these are grant deeds. A simple question. Where is your property tax mailed to . I mean our home. Not mailed to carl street . No, its not okay. And youre positive of that. Absolutely. Okay. Thank you. Thank you. I have a question. Just going back to this issue of addresses when did you update your Mailing Address with the Assessors Office . Did you make action since you purchased the property, looks like 2008 maybe there was a couple, exhibits 1 and 2 reference with the address and a carl street address. When was the address updated to your current address . It was correct at the time. It wasnt updated. You updated it to your correct Mailing Address. I dont believe we have. I dont think we have. So how would the notice be received to you at the different address. I see a carl street address on the two deeds. If you look closer it says when document 2 it says both of them 166 carl street so its not clear to me that theres one address on file. I dont know who wrote that below but i think in the first one it looks to me that its our rental address. And the second one may be the same thing. I dont know. The address where the taxes are received . Yep thank you. Thank you. Okay. Thank you. Okay. Thank you. Well now hear from the permit holders. Good evening and welcome. Thank you. I do that all the time. They come off pretty easy. My name is megan borne. And this is bruce borne. Go ahead. We had good relations with the tenants of 166 carl street and one of the owners for 17 years. We began planning our renovation in 2015 and secured our site permit in 2017. From the outset we have informed mr. Kearney of our plans and met all the planning and permitting requirements. The appeal period ended in august 2017 and only now does k group llc seek a new opportunity to appeal. Shows that k group transferred ownership to the partners as individuals in 2008. So k group does not own 166 carl, it was not required to be notified. Further, the requester says the 166 carl street address used to notify phil is correct but the records show his address is 166 carl street since july 2009 so planning cannot be faulted for using the assessors role to send notice to an address which has not been updated for ten years. Mr. Kearney uses 166 carl street address for business related to the property. In 2011 he secured a permit for remodel using that as the Contact Address in his contractors in 2019 also used 166 carl as his Mailing Address. The partners imply they were surprised about our project and they state two to three years ago we proposed a light well but they chose not to object at that time. Not only have we followed the required steps we have apprised mr. Kearney of our plans. We verbally informed him of the project in 2016. We invited him to inspect the soil test hole did you go adjacent to the foundation in 2016. And when we saw him at the restaurant two months ago mr. Kearney said oh yeah, i was supposed to come look at those windows, wasnt i . The requesters object our renovation will block two windows of their units which we offered to contribute to the reasonable cost of covering and painting them. Theyre 6inch by 30inch windows. The planner considered neighboring windows in his review. Our elevation showed the 166 carl Property Line windows uncovered and then covered. Planning required no changes to the facade but they required a matching and existing light well on 156 150a. Also the two stove vents and theres also a pipe, are code compliance issues. They are not our responsibility to remedy. So asking us to pay 30,000 for work that mostly consisted of improvements or code compliance. They said we would ask you pay the full amount. We are willing to drop any jurisdictional requests. Thank you. Your time is up. I have a question. Yeah. So as you just stated in your brief, it said from the offset, we informed mr. Kearney of our planned renovations and met the requirements of the planning and permitting process. So this was not a surprise to them at this point . No and then did you ever Exchange Emails or did he ever ask for plans to be submitted or supplied to him . Over the course of the couple of years mr. Kearney actually both mr. And ms. Kearney live in our neighborhood, about a block away. So we crossed paths a couple times in the neighborhood. I looked back and couldnt find any emails or texts from the intervening period between 2017 and when he and i met in september. However also in our brief, in october of 2016, the engineer needed to dig soil test holes. So we let mr. Kearney know that we needed to dig a hole next to his foundation, and we offered to have him come over at that point which was october of 2016, before any plans had even been formally submitted. Okay. Thank you. Did you you said that the requesters live a block away . Used to yes. And did they live there when you posted the 311 poster . Yes thank you. Thank you. We will now hear from the