appeal no. 13-070friends of yerba buena, 765 market street residential owners association, matthew schoenberg, joe fang, margaret collins, paul sedway & ron wornick, appellant(s) vs. planning commission, respondent motion holder: 706 mission street llc706 mission street. protesting the adoption of findings for a planning code ♪309 determination of compliance (rehabilitate existing 10-story, 144-foot tall building and construct a new, adjacent 43-story tower, reaching a roof height of 480 feet with a 30-foot tall mechanical penthouse). motion no. 18894. for hearing toda. >> we will start with the appellant.

appeal no. 13-070friends of yerba buena, 765 market street residential owners association, matthew schoenberg, joe fang, margaret collins, paul sedway & ron wornick, appellant(s) vs. planning commission, respondent motion holder: 706 mission street llc706 mission street. protesting the adoption of findings for a planning code ♪309 determination of compliance (rehabilitate existing 10-story, 144-foot tall building and construct a new, adjacent 43-story tower, reaching a roof height of 480 feet with a 30-foot tall mechanical penthouse). motion no. 18894. for hearing toda. >> we will start with the appellant. thank you members of the board. and the claim here is that the planning commission abused the discretion of 309 of the planning code because it made determinations that do not comply with 295 and because it made determinations that did not comply with sequa. so on the section 295 issues, the planning commission voted to increase the acl, or the annual limit for shadow and to allocate that to this project entire and with that increase or action was not going to have a significant effect on t