on that motion, commissioner fung? >> aye. >> president hwang [stph*-pl/] aye. >> commissioner hurtado is absent. commissioner honda? >> aye. >> thank you. the vote is 4-0 and those minutes are adopted. thank you. calling item 5a, which is a jurisdiction request at 404 jersey street the board received letters from bill pashelinsky, requestor asking that the board take jurisdiction over the denial on august 14th, 2012 of the rear yard variance and the denial on september 5,2012 of bpa no. 2011/12/15, is0758. the appeal periods ended august [#24*-7b8g/], 2012 and separate 20th, 2012 respective and the jurisdiction requests were filed at the board office on october 31, 2012. the building permit application is to convert existing concrete slab into parking pad with new gate and curb cut. mr. pashelinsky, please step forward you have six minutes. >> i don't think i'll need six minutes. it's very simple. i am bill pashelinsky the project architect and we're not here to review the worthiness or lack of worthiness of the parki

funge's jurisdiction four or five years. in the beginning they were going to back up the boring machines. for months every time i went to a meeting he talked about backing them up all the way from chinatown to fourth and king street. and then that plan never was heard from again. the city was going to rent them at that time. then it became that the city was going to buy them. we didn't hear any more about the extractions and we assumed they were still going to be backed up. north beach really wasn't surprised the fact there was going to be an intrusion upon us. we did know if we red the e-i-r there were going to be 7 extra blocks of digging of the tunnels from the last station in chinatown. and it was kind of late in the game when we learned about it and we did object to that, but nobody paid any attention. so, suddenly drilling started. they were moving the utility lines right at washington square park. and that aroused the ire of north beach. and david chiu stepped in and he was going to help us and there is a lawsuit by m

. >> my -- actually commissioner fung would you like to weigh in? i can hold until the last. >> you know -- there's two aspects of this case. one is that the work in the first three permits has been already been done. two, is that from both the previous appellant briefs and the issues today are predominately procedural. i haven't heard anything, and i guess i am jumping the gun a little bit by looking at both situations because my intent would be to -- or my inclination would be to bundle it all together so we can deal with it singly and get it done at one time both on a procedural basis, and i know that that would require some level of delay but it's going to happen anyway based on the comments made by planning. at the same time if there are any substantive -- the risks to the permit holder if there is a delay there is a monetary issue to it, but there is also another issue that should anything substantively come up arguing against their improvements or the scope of their work that may bear in how we look at the final permit. i would be inclined to

the presiding officer this evening is president chris hwang and joined by commissioner frank fung and arcelia hurtado and darryl honda and ann lazarus is absent this evening and we have our staff joining us this evening. i am cynthia goldstein. i am the board's executive director and are joined with want dids that have cases before the board tonight. scott sanchez is here. john quan is here management of the public works. jarvis is here with taxis and municipal services and katherine markum is here from the san francisco police department department bureau. at this time if you could go over the meeting guidelines and conduct the swearing in process. >> the board requests that you turn off all phones and pagers. please carry on conversations in the hallway. the board rules of presentation are as follows. each side has even minutes to present their case and people affiliated with the parties must be in this time and members of the public have three minutes to address the board but no rebuttals. to assist the members members are asked but not required to speaker card or business card to

all of you and director reiskin and manager funge, you're all subject to that. i don't know why it seems to have been ignored in the interest of the central subway. i draw your attention to the e-i-r which was whipped out in a very short period of time. it says the construction will take 15 months for this project if it goes forward, the pagoda palace. there has been no consideration whatever of the historic buildings surrounding it and it's only going to put two restaurants out of business instead of probably a whole lot more in the previous plan. north beach residents and businesses got excited about the new plan because they realized that the pagoda palace, which is considered an eyesore, i'm kind of used to it by now, is going to be demolished. and i think the owner of that property and his lawyers and his expediter are over the moon about getting all this monday and i getting the building demolished. i will just ask you why you haven't considered this destructive e-i-r. also, if you sign this lease, the property owner is getting a lot of his work done by th

>> so, the proposed -- commissioner sugaya, john funge, central subway. the proposed retrieval shaft box dimension approximately was over 40 by 40, as shown in the original plans, would fit on the center of stockton street. and that's what was detailed out in the 2008 supplemental e-i-r as was labeled option 3a. >> so, that was taken into consideration at one time? >> yes, it was, as part of the supplemental, and was rejected back in 2008. >> for what reason? >> there was a -- there was a number of reasons. one was disruption to the community. the fact that the alignment projected a fairly deep shaft in chinatown. it's approximately somewhere around 70 to 80 feet versus the 40 foot in north beach. but i think the most overwhelming option would be that removing the machines in chinatown would essentially preclude or make it quite a bit more difficult for future opportunity of the line extension into north beach, which was detailed out as option 3b. >> now, i'm not an engineering, but you can't dig the tunnel in north beach and back them out in chinatown? >

on that motion, from commissioner fung, president hwang? >> aye. >> thank you. commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0 and the demolition permit suprahold as-is and the site performance is uphold with those revised plans. thank you. >> calling item no. 7, appeal no. 12-14 1 gration wu versus the department of building inspection, subject property at 42 lapp hamm way. appealing the imposition of a penalty on november 13th, 2012tor construction work done would you tell us a permit. >> good evening. this is my first time to remodel the house. i hired a contractor. and i followed his instructions and i didn't know he didn't get a permit. right now i already got the building permit and i'm looking for the electricity and the plumbing contractors so i can get those two permits to fix the property. so i hope you can reduce the penalty for me so i can have more resources to work on though fix this problem. thank you. >> excuse me. did you say you are looking for a replacement contra

. >> we have a motion then from commissioner fung to reduce the suspension from 90 days to 45 days and this is on the basis stated in the departmental brief from the mta. on that motion, president hwang. >> i. >> commissioner? >> aye. >> commissioner honda? >> aye. >> the vote is 4-0. the suspension is reduced to 45 days on that basis. thank you. >> okay. >> thank you. >> number 7, appeal no 12-145, abolfath hosseinioum, 965 mission street, appealing the imposition of the penalty on november 6, 2012, for construction work done without a permit. application number, 2012/11/05/3563. the matter is on for today. you can begin with seven minutes to present your case. >> good evening, president. and good evening commissioners and good evening. >> could you speak into the mic? >> yes. good evening, everybody. >> and so my name is abolfath, hosseinioum and i am the owner of 965 and i am here for the notice that was issued for demolition work that the permit was in process, but not issued. and this work, the scope of the work is moving some interior non-bearing walls and some suspended ceiling

. >> commissioner fung? >> might that be on the basis of the reasons stated in the department's brief? >> yes. >> i am sorry. and how long is the suspension for? >> 90 days. >> i mean, is there a way that do we have to make a motion to reduce that? >> well, the way that the ordinance is written, it is a suspension of 90 days if they failed to meet the requirement, and it is suspended for 90 days. >> there is no exception. >> thank you for that clarification. >> it does not mean that you cannot break the rule. >> go for it. >> i would like to make a motion to reduce that by half, 45 days. yeah, 45 days. >> you are asking to a friendly amendment to the motion that is on the floor. >> thank you. >> i would accept a friendly amendment. >> grant appeal. >> reduce penalty to 45 days. >> would you like to keep the same basis or a different basis? >> yes. >> we have a motion then from commissioner fung to reduce the suspension from 90 days to 45 days and this is on the basis stated in the departmental brief from the

okay. >> on that motion, to revoke, the commissioner fung? >> aye. >> president hwang? >> aye. >> commissioner hurtado is ab accident. >> commissioner honda. >> aye. >> thank you. >> it is 4-0. this permit is revoked with those findings. thank you. >> okay. >> so the next items 6 a and 6 b shall be heard together rkts appeal number 12-121, and 12-165 to do with the property at 27 meda avenue, filed by honyuk cheung and bik kwun lee. regarding the protesting the issue an anses on september 13, 2012 of a permit to alter a building and revision to bpa no 2012/08/13/71241, relocate the bathrooms at third floor and add new do you rememberers and skylight and reroofing and replace the window at third floor and front in-kind. and the other on december 6th, another permit to alter a building to comply with come paint number 201251821, and 201268284, the revision to the approved bpa, 201208137241, and 201208066584, shows the existing floor plans to reflect the existing condition and new windows at front and rear and rebuilt the existing rear deck and stair and remove the deck at

funge has explained that this is a 300-foot, meaning a football length field piece of equipment. but, in fact, the piece that we've suggested leaving under the ground is only about about 15 feet deep. it's a train, 300 feet long, a train, that's pushing a disk. you can see here this disk is much larger in circumference than this train. this disk, which is cutting the dirt, gets stuck in the ground. and all over the world the same company, which has provided the demonstration for the sfmta site -- there is a democrat owe there beautifully done to show you how this all works -- that company, most of those 41 different sites in the world are leaving this disk under the ground. * all we're asking in north beach, to not interfere with the successful neighborhood church, residents, businesses adjacent to pagoda palace, is to write into the lease with the pagoda the possibility, should it become possible to do this in the future when the machines arrive in north beach, to leave this disk, not the train 300 feet long, but just this 15-foot disk in the ground. and that's how it's done in

so for those reasons and some of the reasons that commissioner fung stated my leanings are to uphold the permit. >> yeah. for me it is a little difficult case because of the fact for one i sympathize with any obstruction of this kind, especially in even if it does not directly block the sunlight, i think that there is going to be an impact so i am sympathetic to that. but what is more troubling to me is the fact that there are these land use controls that could potentially effect this kind of building going up at this particular location. but i do also recognize mr. sanchez said according to existing regulations, it is a valid permit. so i feel constrained to vote to uphold the permit. >> i'm old too, i remember when this building sold for a million and three, the whole building. >> yeah. >> and so, yeah, my day job is a realtor. most people are aware of that. and i do definitely, definitely, sympathize with the people that are in the building. at the same time, i believe that the potential developments should have been adequately disclosed when you purchased the building. the gentle

. >> on that motion, commissioner fung? >> aye. >> and commissioner hurtado? >> aye. >> vice president is absent. commissioner honda? aye. and the vote is 4-0 and the budgets are adopted. >> before we adjourn i want to echo what commissioner fung has said thank you for the hard work and putting that together. >> i concur with my fellow commissioners. >> okay, meeting ajournd. (music) >> herb theatre,open rehearsal. listen to the rehearsal. i think it is fun for them, they see our work process, our discussions, the decisions we make. it is good for us. we kind of behavior little bit when we have people in the audience. msk (music) >> we are rehearsing for our most expensive tour; plus two concerts here. we are proud that the growth of the orchestra, and how it is expanded and it is being accepted. my ambition when i came on as music director here -- it was evident we needed absolutely excellent work. also evident to me that i thought everyone should know that. this was my purpose. and after we opened, which was a spectacular opening concert about five weeks aft

we have a motion from commissioner fung. now, commissioner fung, but in reading the variance decision, the way that they wrote it, it is actually hree grants and a denial. and so, probably not, it is not a separate denial. it is actually the granting of three. >> i think that the deal was only on the denial portion. >> the whole thing is appealed. >> we are up holding the whole thing. >> that is what i was recommending then that the decision is to uphold the decision in its entirety. >> i think that is okay. that is what makes more sense. >> yeah. >> okay. >> so the motion then is to uphold the decision in its entirety and you said on the basis again? >> that is the calculations that the mass reduction calculations were correct, is that right? >> yeah. >> and that there is no finding of hardship. >> right. >> mass reduction calculations are correct and no hardship exists. >> right. >> okay. on that motion, to uphold this variance decision in its entirety, on that basis, president hwang? >> aye. >> commissioner hurtado? >> ay

commissioner fung? >> aye. >> commissioner hurtado is ab accident. >> vice president lazarus? >> aye >> and commissioner honda. >> aye the vote is 4-0 and those minutes are adopted. we will move on to item four which are aden um items the subject is at 2065 oak dale avenue, the board receive a letters requesting rehearing of appeal number 12-130, bvocerebral palsy verses the department of building inspection with the planning department approval decided on january 9, 2013. at that time the board voted 4-0-1, with president hwang absent to grant the appeal and up hold the permit on the basis of the permit holder's agreement to send out neighborhood notification on all permits applications submitted during the next five years, excluding the permits needed to correct existing notices of violation, against the property, and said notification shall conform to the notice results imposed by the dbi on form 6 building dem mrition, permits and lastly the sus expensing of this permit shall not be lifted until the permit holder provides the appellant and dbi and soils testing results tha

on that motion commissioner fung. >> aye. >> commissioner hurtado. >> aye. >> vice president lazarus is absent. commissioner honda. >> aye. >> thank you. the vote is four-zero. this hearing rerequest is denied and a notice of decision will be released. >> thank you. we will move on the next rehearing request at 79 new montgomery street and the board received a request on paawan kothari for the the chai cart vs. dpw bsm and at that time the board voted four-one. commissioner hurtado absent and remove the permit based on dpw's analysis. the project is charter schools and the chai cart vs. dpw bsm and we will start with the requester. >> i got it. thanks so much. >> you have three minutes. >> hello i am paawan kothari. i'm the owner of the charter -- the chai cart. i am sorry i missed the last hearing and i had the date on wrong and because of the mistake of putting that on my calendar and completely missed it and i'm here to request the board to allow me to present my case, and i apologize for missing it, and i did put a lot of time if you all read the brief that i had submitted. i did

. >> on that motion, commissioner fung? >> aye. >> and commissioner hurtado? >> aye. >> vice president is absent. commissioner honda? aye. and the vote is 4-0 and the budgets are adopted. >> before we adjourn i want to echo what commissioner fung has said thank you for the hard work and putting that together. >> i concur with my fellow commissioners. commissioners. >> okay, meeting ajournd. [horns honking] announcer: big dreams and good grades aren't enough to get into college. there are actual steps you need to take. finding someone who can help is the first and most important. for the next steps, go to knowhow2go.org. [train whistle blowing] global warming. [whistle blows] some say irreversible consequences are 30 years away. 30 years? that won't affect me. [brakes screech]

. >> i concur with the commissioner fung. and as your neighbor, i live in the district and i actually drove by this building twice today. and as a small business owner from that district for over 20 years, i also was understanding as a landlord you are a small business owner yourself. but, there is some very specific things that have been outlined here that unfortunately need to be followed and i believe that some clarity would be great, so a continuance would be a great service. on a side note, you have a great location. and i believe that this becomes a problem, i am sure that another business would love to be on the corner of 26th and terevelle. >> i know that is sounds to me more, or most everyone perhaps, other than myself, is interested in a continuance and i am quite skeptical given the... i think that what is my concern is a continued moving target on what the name of this entity is and at the same time, i do think that there is some sufficient lack of clarity issues being raised in this manner or make me uncomfortabl