>> good evening to, and welcome to the may 18, 2011 meeting of the san francisco board of appeals. gartner are vice president michael garcia and -- are vice president michael garcia will be absent tonight. at the controls is in our legal

assistant. i am the executive erector, since the agulhas dean. -- cynthia goldstein. on my far right is joseph duffey, with the department of building inspection. dan is a senior planner and assistant to the zoning administrator. we should be joined by the department of public health and the department of public works. but this time if you would go over the meeting guidelines and conduct the swearing in process. >> the board request you turn off on all phones.

please carry on conversations in the hallway. the respondents each have seven minutes to explain their cases and seven minutes for rebuttals. members who are not affiliated with the parties have up to 3 minutes to address the board and no rebuttal. members of the public who wish to speak on an item r ross but not required to submit a speaker and not -- are asked but not required to submit a speaker card. the board also welcomes comments and suggestions. there are forms as well. a good if you have any questions, please speak to board staff at a break in or after the

meeting or call in the morning. this is a broadcast live on san francisco government television, cable -- cable channel 78, and the cds are available -- dvds are available to purchase. please stand, raise your right hand, and say, i'd do if -- i do. do you solemnly swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? >> thank you. we will move on to item number one, which is public comment. is there any member who wishes

to speak on an item that is not on the agenda? if so, please step forward. >> my name is barbara thompson, and i am a resident of san francisco. i have not had an opportunity or the need to review matters or appeals before the board of appeals, and recently i did, and i have concerns i would like to share with you. the staff has done an outstanding job in publicizing and making available to appellants and to city representatives special instructions for the party'ies d procedures of this board. and and and and and now i am concerned, because it seems that the board is not complying -- i

am concerned, because it seems the board is not complying with these requirements. they could not cooperate, and the hearing could still proceed. i do not believe the average appellant who is new to this procedure knows there may be some leeway to the implementation of these policies. specifically, i am looking at the requirement for the appellant is expected to deliver their appeal and response to the other parties on the same day it is filed. that practice is not being adhered to, and at least to matters -- two matters on the calendar today. i am concerned that there needs to be an understanding, and whether robert's rules and

orders is the guidelines for the convoy. if so, i urge the board follow those procedures, because in viewing preceding televised recordings, but does not appear to be the case -- does not appear to be the case. i think you want to have a consistent, fair, and equitable process, and in what i saw, there were thoughtful efforts to see that occurred. i do not think you are aware of that practice. when the city attorney's office said it saw things too late, i do not think he should be considering -- submenus things too late, i do not think he should begin -- submits things too late, i do not think you should consider them. i bring it to your attention. i also want to say i really

appreciate the professionalism of the board of appeals staff. they try to make sure things are consistent, and it is a fine experience for the public when things are so knowledgeable and helpful. thank you. >> is there any other member of the public who wishes to speak? ok, moving to item number two, commissioner comments or questions. >> i want to raise a calendar item that i will be out of the country on july 20. reaction any other commissioners? any public comment on item number two? seeing none, we will move to item number three, the adoption of new. -- of finance -- minutes.

>> if something is taken out of order, does it change its reflection in the minutes? i voted out of order on something, and it appears i am absent. i did vote for no. 7. >> we typically kept things in order in which they are numbered, but we did indicate your rival time in the first section of -- your a rival time in the first section of the minutes. any public comment on the minutes? call the roll, please. >> we have a mission from president go to adopt the minutes. [calling grvotes]

those are adopted. i also got no word from the appellants attorney that they are due for a writ -- i got the word from the appellants attorney that they are due for a rescheduling. >> would you like to take that out of order? >> we will move to item number eight, witches' appeal number 11-036, island market daily versus the department of public health. the reason of suspension is selling tobacco products to a minor. this is building 146, treasure island. it has to do with fd-011-17. have you reached a decision on a

date? >> i am an attorney on behalf of the appellant, and i have my calendar, so how do we do the states? >> it depends on the reason, which you do not need to share with us. it depends how many weeks you need for additional time. how about june 29 gunman -- june 29? >> june 29 is fine. >> i represent a health department. i was thinking we could do it sooner, if the calendar is free. good >> we could hear isn't in next week. i am concerned other meetings in

-- we could hear it next week. i am concerned other meetings are full, but if you want to meet next week. >> that will be fine with us, too. >> the board is not meeting on june 1. commissioners, it is your call, but i would recommend against june 8. >> my calendar is very full in the month of june. is may 25 satisfactory? >> you need to speak in the microphone. >> we could hear the case tonight, sir.

you need to speak into the microphone. >> there can be another date under the end of 25, i would appreciate it -- other than the 25th, i would appreciate it. if not, i will take the 25th. >> june 29 is not available for you? >> i probably will not be there. >> commissioners, what would you like to do? >> is it possible to move to the last item on the calendar -- what are we looking at? may 25 it could be the last item on the calendar for may 25. ghanous>> i will cancel my other

appointment. >> i was going to say i do not know what the concerns are. it is just as the 29th is the date he is not available, but now there is a date of availability in july as well. >> it is scheduled very tight for the council. i will accept the 29, but i will have to get a replacement your good >> witkin to july 13 -- get a replacement. >> we could do july 13. >> that is too far out. >> we are trying to have a quick calendar tonight, because we are about to lose the commissioner, so i and going to make it may 25 and put it at the end of the calendar. >> i will cancel my other stuff.

>> we tried to keep city staff who do not have to be here into the evening. >> if we could do the 25th, i appreciate it. thank you. >> do we need a motion? >> i think you have made one to put this on the calendar at may 25. is there any public comment? seeing none, if you could call the roll. good >> the motion to reschedule item 8 to may 25. on that motion -- [calling votes] this matter is rescheduled to may 25. >> we will return to our regular calendar item #4, which is

special items. this is a resolution in honor of his many years of dedicated service and assisting with the resolution of board matters. assuming this is approved, we can invite mr. kornfield to appear, but it is for your consideration. >> is it possible to do it when the full board is here? i think it is a terrific idea. >> do we need some sort of motion? >> yes, you do a. >> i think it is well written. thank you. >> is there any public comment on item number four? >> i saw this item on the

agenda and wanted to come by to express my appreciation for mr. corn field -- mr. kornfield. you could always count on him to give an informed opinion based on the building code and applicable standards. it is yet another loss to the board his retirement, but i think we will be well-served by the next representative common -- representative, and i wanted to support the resolution. thanks very much. >> is there any other public comment? would you call the roll please bowman -- please? >> the motion to adopt this resolution. [calling votes]

the vote is 4-0. this resolution is adopted. >> we will move on to item 5, the rehearing request. we received a letter from natasha ernst, requesting rehearing of appeal #11-004. on march 16, 2011, the votes -- the board voted to revoke the subject wireless box permit, and on april 20, 2011, and the board voted to adopt findings as amended. we will start with ms. ernst. >> thank you for this opportunity to speak to you about wireless equipment on the

utility pole. there have been some new materials faxed that they are meeting on march 16. after that meeting, the process could be fixed immediately, and we were told by the department of public works they are not processing any permit requests at this time due to the change in law. they are still not processing the. since the written materials were given to you, we do not know the dates. it is looking like june 1 is going to be the date when the new regulations are put into affect, so we are requesting the spill -- no permanent be delayed until after the city has had kind -- we are requesting the

permit be delayed until the city has had time. the reason isn't because of the loss of services that will result -- is because of loss of services that will result if this is removed. for those who have dropped their landlines or wireless phones are their only form of communication, it is estimated 20% of households rely only on cellphone superior -- on cellphone superior -- on cellphones. having the service is very critical, but we need between two or three months after the regulations go into affect to

have the chance to process the new permit application, and that is what we are trying to permit here. there is a standard, which outlines the and we have to rely in good faith on that, so we have met the criteria. we assume the city properly met at. i am available for any questions you may have about other items. >> we did not meet to deliberate on the findings until april.

your e-mail indicates you are aware of this process being delayed, but you did not bring that up during discussions of the findings. >> i do not recall. i believe it was in my written comments that they were not processing at the time. i believe it is in my written,. -- comments. thank you very much. >> thank you. we are going to hear from the appellant. >> good evening. i am the appellant in the case. i would like to thank the board for granting this appeal.

i requested this appeal because i was disgusted someone put an antenna outside my bedroom window without providing notice. i was particularly sensitive, because i just invested my life savings in little hone in san francisco. i wanted to make it clear that they make a number of arguments. i quickly learned the argument does not hold water, because you will need to point out they were ignorant of the true state of facts. this must be satisfied. she was fully aware of the plan

and aware of the ordinance of references it. the index indicated planning department to review was not required. she could have identified this mistake. she also makes an argument of the california streamlining act puree. this argument does not make sense, because the fact we are here today means there is still a permit now pending at the very sight. i do not know how they could apply for that permit when this one is still pending. fact remains the same, but it is worse than that. when i started this appeal, i knew nothing about wireless

installations. now i know it is dangerous. they are operating on 32 in valid permits during a 46% of the antennas in my zip code -- now operating on 32 invalid permits. i do not think any new permits should be issued to them until they clean up their act. they need to be held accountable. thank you. >> thank you. is there representative from the department of public works hammond -- public works? >> good evening, commissioners. i am representing john.

we tried to implement, so on march 7, we did a drive to send a two carriers and other interested persons -- send it to carriers and other interested persons. after receiving comments, we will it rewrites the draft and schedule a public hearing on june 1, and once we have thought, we will adopt the order and start issuing permits. >> i had a question. the appellants a legend the attendant is still fully operational during good -- alleged the attendant is still fully operational.

do you know anything about that? >> it would probably be fully operational. i will check again. >> how long will it take to process? what is the standard carmine -- timeline for processing? >> we typically have a processing time of a week or so, if it is not required for the other ordinances. the processing time is about zero weeks -- a week, depending. >> thank you. >> is there any public comment on this item? seeing none, commissioners, the

matter is submitted. >> commissioners. >> commissioners can, the case t was before us a revolving around the permit that was issued. it did not go through the correct processes, and that was the entire basis upon which i voted to revoke the permit. it manifest injustice brought about by the rehearing requests , and related not to the fact that she will not be able to submit, but to the firact that bu