megan coy, and no one returned my calls, so when dan came up and started something and one person told me "well f you have a complaint you have to file" so i didn't file but he did. we're here to support -- [inaudible] they still need to let us know. thank you. >> ma'am would you like to state your name for the record. >> i am emily stanceel. >> okay. thank you. >> you're welcome. >> next speaker. >> good evening commissioners. thank you for hearing us this evening. i am sue ellen smith. i am a resident of indian basin and part of the larger bay view and i am here regarding the property at 2065 oakdale avenue. i ask that you revoke the permit and ask the applicant to seek a full

demolition permit. you have heard from neighbors, friends, co-workers. i don't want to put it this way but i believe here in bay view we receive short shift. i believe that this permit was a plied for fraud lantly, knowingly, intelgzly disguising the fact it's a full demolition calling it instead an alteration. when you tear down two thirds of the square footage on the site when it's a fly by night operation. when there are no dust controls, no traffic controls, no thought about the health and safety of the residents. i find that problematic and i heard someone say "only in the bay view". i

am tiredded of coming to city hall and fighting for my neighborhood. i lived in san francisco for many years. i lived in various zip codes in the area. why is it in this area we have to come in and beg for basic services, basic attention to the requirements of the law? i ask you under what definition is this type of demolition regarded as an alteration? it doesn't make sense to me, and i believe the safety, the health and safety of our residents, our children, as we live, work, breathe, eat, sleep in this neighborhood are -- it's going by. no one is caring. we have people here today lined up to talk about this issue, and i am one of

those people. i'm sorry i am repeating myself. i don't intend to do that but i believe we have a greater issue here. i ask you to take action on this and please hold this applicant up to the standards that would be followed in every other neighborhood in san francisco. i thank you again for your time. >> thank you. next speaker please. >> hello i am shawn carlin. good evening commissioners. i live in indian basin and the adjacent area and hunter's point. i am interested in seeing these areas move forward with development. located on the water with spectacular views and glory and sunshine even when the rest of

san francisco has fog, but every time we close our eyes to illegal or improper construction activities we are denying the city's potential and those entrusted with the responsibility of guiding our city remember that san francisco is a jewel that draws people from every corner of the world and every inch of her should be treated as the treasure she is. i am asking that you require a full demolition permit and the historic sign is returned to the building and support any fines required by the municipal agencies involved. thank you. >> thank you. next speaker please. >> good evening commissioners. i am barbara asho and the

director of the bay view opera house and a few blocks from this property furthermore. i am a bay view resident. i own a home here since 1993. i have driven by that building at 2065 oakdale avenue for 11 years twice a day and bringing my son to school so i know that building really well and to talk about the fact this was an alteration is ludicrous and all of a sudden you see an empty block there there was a building before and there was a unique sign on the building. it was a milk bottle from the barkly farms company. i think everyone is familiar with that and i was a mused there was that in bay view since i lived there, and i also have appreciation for history and for historic

historic preservation. as the bay view opera house is the first building that made it on to the registry and concerned that other am whys are preserved and there is a lot of history there and worth preserving and i agree with the speakers there is a general feeling of lawlessness that exists in bay view and people can dump on the street, walk with guns and shoot into buildings and anywhere else in the city there would be a major out cry if that happens and in bay view that is not the case and sometimes agencies may not may the same attention to permits in bay view as to other districts and i would really hope that that can change in the future as the city is more aware that bay view is a viable community. there are people there that want a safe

environment. they don't want to breathe the dust or shot at and any of this, so please if you could do the right thing and deny the alteration permit and require a full demolition permit would be appropriate for the building that is gone and also apply all the appropriate fines and also put pressure on returning that historic sign or making reconstruction of it because it was really a landmark in that area. thank you very much. >> thank you. next speaker please. >> hi good evening. i am robert davis. i live in the area. i am here to support my neighbors and the problem of the demolition of this property. it was a clear demolition of a large structure. the paperwork, the timing, the complaints,

even the building department inspector wasn't sure if it was a demolition or alteration. that should have caused someone to wonder and i wonder not just about the timing but the kind of a permit because the contractor or the owner came very quickly down to the department of building inspection with some paperwork or proof that it was truly an alt raitionz, but in fact the department had to go down into the records and find a paper that the inspector said was mostly illegible to find out for example how tall the building was and convenient it happened after the fact and that the building is gone. there is no way to measure if it was 25 feet or higher and the loading dock and the ceiling joyce and few inches less than

25 feet energy so i am here. >> >> to support my neighbors. i think what they did is awful and i think they need to be punished. thank you. >> thank you. next speaker please. >> good evening commissioners, neighbors and friends. i am ann dejesus. i am a resident at third and oakdale and i am here tonight -- i hasn't planned to speak but the more i sat here the madder i got when i heard what was going on. by the way i am a legal secretary that does asbestos mitigation and are familiar with the dust and i will be brief because everyone said what i wanted to say except i want to go on the record and support my neighbors and that you revoke the permit and thank you for your time and good evening. >> thank you. next speaker

please. >> i guess we say good evening at this point. i am joe boss. i live in dog patch and there for 30 years and have watched the neighborhood really jell and have worked to have the same thing happening in the bay view. this issue of this demolition to me really demonstrates the difference in the care given to the bay view versus dog patch or any other neighborhood i have been familiar with, and i really just -- i have to agree. i would love to see this applicant -- the permit denied, and before anything else can move forward that they take out a full

demolition permit, and it's -- i just really do get mad. that's all i can say. i have been in front of you many times on different issues. i understand pretty much what the board is about, and it's generally very -- i don't have a problem with -- you have a difficult job to do, and in this case it ain't easy because what's the basis for what i am asking for? but you have a lot of room to make decisions, so i would ask that this be revoked and that to make your time worth while that you do fine the applicant. it's not like they didn't have professional guidance. it's not like this is the first time they have come to town and bought a building and torn it down, so

it's not ignorance. it's a little beyond that. thank you. >> thank you. next speaker please. >> good evening mr. president, commissioners. my name is michael hammond and i am here tonight on behalf of the indian basin association. now you have heard many people talk about and present evidence that describes the fraudulent and deceitful permit issued that illegally demolished this property. now, we don't let bank robbers keep their ill gotten gains and by doing this illegal demolition this owner has accrued a great deal of value to his property.

if we allow this to continue we in the bay view are concerned that everyone in the neighborhood will do it as well. it's important that we establish the rule of law here. you know everyone in the bay view is here. you have letters representing other organizations that aren't here. this is generated an outrage on the part of the citizens in our community and what we want is what you folks have. that is the right to live in a neighborhood where the rules are respected, and the government protects the health and safety of its citizens. tonight we ask that you send a loud and clear statement that from this day forward this will not happen again. this would not have happened in pacific heights. this couldn't have

happened on telegraph hill and shouldn't happen in the bay view so we ask that you deny this permit. thank you very much. >> thank you. next speaker please. >> happy new year. this is my first time before you. my name is dr. ispin nola jackson and been a resident since 1943 and has been stated bay view hunter's point is the community that no one wants come but i would like to say this like the young man said a minute ago. you need to send a signal to all contractors, developers or whatever that going to come work in bay view hunt hunter's point and do anything they will be fined hefty because of what my neighbors are going through and may become ill because of the

dust and not having people there with signs and letting the people know work was going on in that area, and i was shocked. i passed by one day and the building there and the next day the building gone. i never seen nothing move that fast in my life in san francisco but in bay view hunt hunt they come and leave quickly and there are lots of things going on in my community that shouldn't be going on. if you don't send a message no message will be sent to the developers or contractors in san francisco and they will continue doing what is illegal and i never said it to this committee before but i said it to others. knowing that things go on in the city illegally and heads turn. that's okay. it's bay view hunter's point. it doesn't matter. i made this statement many times. i hope that you do something. i don't want to repeat what everybody

said. do something. don't sit there and say "i don't know" and do something to make sure this doesn't occur and happy new year again to you. >> thank you. next speaker please. >> dorothy peterson. good evening commissioners, president. my name is dorothy peterson and i am the president of the shore view residents association incorporated. there are 604 heads of households at the top of the hill that we do know something about dust and does damage to not only the childrens' lungs but all of our lungs, and i was a bit appalled at the fact that there are two parks in the area where children play where mothers bring their children just to sit and enjoy the sun that are very close to

what was the berkeley buildings and the bud ice cream of which i liked. i am going to ask you to deny the permit and not only deny the permit but make the contractors come to a board that's set up to deal with these issues, so that nobody is left out. there is such a thing as a good neighbor policy. this contractor out of the gate said he didn't want to be a good neighbor. how do i know he said that? his actions. and the department of building inspectors -- i'm sorry but a notice of violation is supposed to be important. how do you allow a contractor to ignore a notice of violations? and yes we've had some experience with

notices of violations also because we have a lot of repairing and rehabbing that needs to be done in the neighborhood. i take public transportation. now, public transportation in bay view hunter's point except for two lines. i'm not exactly good, but when you are blocking traffic for public transportation and you haven't even taken that into consideration that's the height of arrogance and that's all i can say is that this contractor from the gate has been arrogant, and it would not have happened if it had not been bay view hunter's point. there is a cereal commercial where the brother says "give it to mickey he will eat anything". well don't give it to bay view hunter's point and we're not going to take it anymore and

happy new year. >> thank you. is there any other public comment on this item? okay. seeing none thousand we move to rebuttal. you have three minutes. >> thank you commissioners. and thanks to my neighbors in the bay view. with all due respect to my good colleagues at department of planning and zoning and inspection and this isn't their argument -- i'm sorry, it has become their argument. the fact it was added to in 1963 was to a revision of the site, not the building. there was no building addition. it was independently constructed building and that's the only connection which was a tar line -- >> you need to reference the overhead for the controls. >> i'm sorry. are you able to see that now? this area here represents the tar line where the roof of the building that

has been removed was -- abutted the existing building. it was in this location approximately 157 feet by 40 feet. if there any doubt about the amount of dust and debris and clouding of the neighborhood this is very difficult to see but there is a single gentleman here with a garden horse here to keep the dust down. there is a gentleman here with a leaf blower. now, what -- >> can you wait a second? >> yes, sir. >> victor, will you call the staff and see if there is something to do. >> some of the monitors. >> (inaudible). >> it's not up there but some of the individual monitors are down. >> why don't you continue. >> thank you sir. there is a man here with the blower containing the dust. this is

in the rebiewtdal to the brief. there is no evidence there was testing that occurred for the soil removed from the site. over 400 i believe 660-yards of soil, not sand. claimed there was a stock pile of sand. that shows up in the brief. it does not exist. i visited the site today. it doesn't exist. i want to bring to your attention on the plan -- this is the original plan, where there is a term here, if you could read this, which says "full demolition of existing building". full demolition of existing building. full demolition of building. demolition of existing knowledge. somehow. >> >> somehow this information did not make it the application.

the application is an alternative application that says remove part of existing building. if there is not an obsophistication of the truth i don't know what is. on the first page of the plan contact dpw for protection of the sidewalk. very clear. unambiguous. ignored. created dust and debris and the hazardous condition. i ask that you deny this permit. thank you. >> thank you. mr. silverman or mr. ruskavitch. >> good evening commissioners.

i am pat ruskavitch. i was retained 10 days ago and wasn't a party to this. i know there is anger with this and i want to be respectful to the neighborhood. i live in the building world with the code and what its and whether the partial demolition or demolition six should be formed. the reality of the code is what determination of what paperwork you're to use is based on the original permit for the construction of the believe building. in. >> >> in 1963 a permit for given for an alteration permit. when this work was done a certificate of final completion was issued for an addition. the only permit you can get to tear down this portion of this wing of this building is a form three.

the code is clear. you cannot tear down a building unless you do a total demolition and then you're doing a six, so they would have to tear down the main building to do this permit. for what they did they had to use a form three. secondly, there was an issue about dust. there was a j permit done to check what was in the building. it was abated. third, i have been working on getting the permits. when there is a permit appealed in front of the board you can't file any permit so you're asking why hadn't they complied with the other notice of violation? and the only permit i could get is the permit to remove the bab wire because it's considered hazardous. the construction of the sheet rock work in the main building -- there is a dispute

about that and whether people were steeling the sheet rock and simple permit and i attempted to file it but i can't file it and can't file until 15 days after this hearing so we're are trying to comply. the permit was correctly issued. >> we have a contractor here and he will address the dust issue and other questions that you have. >> good evening. i am chris -- >> could you speak into the mic. >> i represent peninsula demolition company. i will keep it short and brief. one thing i want to address is traffic control. i believe the parking space or the parking lot of the building where the demolition took place on oakdale was 30,000 plus square feet. there was

never, ever one need for us to come in contact with a public street. that had nothing to do with the security of the proper barricading of the property. that's number one. okay. number two -- >> your time is up but go ahead and finish. >> okay. let me say this. as far as dust control i would like to mention this and show the court this. we did have regular standard water hoses, two or three and what we use for dust control. this is many times the size of what we used. is my time up? okay.

>> mr. rearen any rebuttal from dbi? >> good evening commissioners. i just like to say -- i would like to sympathize with the neighbors and how they were impacted by what happened here. we do encourage contractors when we have the opportunity to meet with them ahead of work to perform good outreach, tell the neighbors what they're proposing to do, and i believe communication is very relevant here, and i'm not sure what kind of communication occurred, but it may have been less than we would have liked. the other thing i would like to mention is the permit, the form eight

permit, form 38 permit is our only vehicle for a partial demolition. if we had a full demolition it would be form six permit and would require proper notification. we do have evidence in this case by virtue of the fact we got final completion that shows clearly that this structure was in addition to what was already there, and the partial demolition permit that is before you right now is for the removal of that same structure. i know that a permit is suspended for the work, but the building is gone now. it's no longer there, and it's also important to understand that had this been a situation where there was a partial demolition in tef graph hill or the marina we would

have to follow the same protocol. it would be the same paperwork. it wouldn't be any different. i think the difference here is with respect to where this happened there are larger industrial type buildings that are maybe concrete and definitely larger buildings and they're adjacent to residential neighborhoods, and it's unfortunate for the neighbors that it happened the way it did, and maybe there could have been better outreach on part of the contractor in this case or whoever had to do with the project, so whether that be the owner or the contractor, whoever, but i do sympathize for the neighbors for what they endured. >> mr. riordan just to clear up some of the purely technical questions that have been raised. you are in concurrence with what was just presented in terms