Meeting Information

PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner Allam El Qadah, and Commissioner John McInerney.

Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); Thomas Owen, Deputy City Attorney representing the Taxicab Commission (DCA); and Sgt. Vince Simpson of the Police Department’s Taxi Detail, also representing the Taxicab Commission.

ABSENT: Judith Boyajian, Deputy City Attorney; and Robert Feldman, Executive Secretary for the Board.

SPEAKERS: None.

SPEAKERS: None.

ACTION: Upon motion by President Chin, the Board voted 5-0 to RESCHEDULE the matter to November 15, 2000, with final rebuttal statements due by Thursday, October 19^th, by 4 p.m.

SPEAKERS: 1. James Margolis, attorney for appellant, requested a rescheduling of the matter from the Board. 2. Thomas Owen, DCA, agreed to the rescheduling.

ACTION: Upon motion by President Chin, the Board voted 5-0 to RESCHEDULE both matters to January 10, 2001.

SPEAKERS: None.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney recused) to RESCHEDULE both matters to November 29, 2000 with the agreement of both parties.

ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to GRANT the subject permit with the following CONDITIONS: 1) That the findings and conclusions of the soil report be adopted as part of the Board’s decision; 2) That the project sponsor erect a temporary barricade so as to contain the subsurface soils that result from the boring; 3) That the project sponsor pay the cost of sealing the appellant’s property line windows according to all Building Code standards and requirements; 4) That the project sponsor pay the cost of properly ventilating the appellant’s bathroom and installing a skylight in said bathroom; 5) And that the project sponsor give the appellant a copy of the said soil report.

SPEAKERS: 1. Erin Murphy, appellant, outlined the reasons for the appeal. 2. Dan Sullivan agent for the permit holder, urged the Board to uphold the permit. 3. Laurence Kornfield, CBI, DBI, spoke about the contents of the soil report and the plans. Public Comment for the Appellant: Frank Pandolfi, and Nick Lobuglio. Public Comment for the Permit Holder: Coriune Barreca.

ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to OVERRULE the denial with a FINDING that the permit request is for a permit to operate the music system as this has been a pre-existing non-conforming use, and on CONDITION that the individual operating the music system not be advertised as a deejay.

SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons for the denial. 2. Jennifer Fiorillo, co-appellant, urged the Board to overrule the denial. 3. Officer Rose Meyer, Police Department, explained the basis of the recommendation by the Police Permit Center. 4. J. Christian Gomez, co-appellant, also urged the Board to overrule the denial. Public Comment for the ZA: None. Public Comment for the Appellants: Joe O’Donoghue, Peter Glikshtern, Jeremy Wall, Todd Christenson, Jesse Martin, Maer Israel, Timothy Taylor, and James Prichason.

ACTION: Upon motion by Commissioner Cullum, the Board voted 1-4 (President Chin, Vice President Saunders, Commissioner El Qadah and Commissioner McInerney dissented) to grant both permits on condition that five of the 51 subject units be set aside for low income/working people, with a report from the Office of the City Attorney on how these five units could be allocated to low income people/working people. Four votes being necessary to impose any conditions on a permit, the motion FAILED and the subject permits were UPHELD with no conditions.

SPEAKERS: 1. Sue Hestor, attorney for the appellant, outlined the reasons for the appeal. 2. Alice Barkley, attorney for the permit holder, urged the Board to grant both permits. 3. Lawrence Badiner, ZA, addressed concerns raised by the principals. Public Comment for the Appellant: Alan Teague. Public Comment for the Permit Holder: Joe O’Donoghue.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by Vice President Saunders, the Board voted 3-1 (Commissioner Cullum dissented) to RESCHEDULE both matters to October 18, 2000, with waiver of the right of response by the permit holder, and for the matters to be placed as the first case on the said calendar, and with the appellant’s final response to be delivered to the permit holder by 12:00 p.m., October 17, 2000.

SPEAKERS: 1. Sue Hestor, attorney for the appellant, requested that both matters be rescheduled to November 1, 2000 due to what she felt was a lack of notice concerning the acceleration of the hearing dates for these matters. 2. Joel Yodowitz, attorney for the permit holder, urged the Board to deny Ms. Hestor’s request and instead hear the matters on October 18^th or October 25^th . Public Comment for the Permit Holder: Alice Barkley and Joe O’Donoghue.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Afterwards, the appellant WITHDREW the appeal after public testimony.

SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasoning behind the subject determination.

2. Joel Yodowitz, attorney for the project sponsor, urged the Board to uphold the subject determination. 3. Sue Hestor, attorney for the appellant, outlined her concerns with the subject determination and then withdrew the appeal. 4. Craig Walker, project sponsor, described the operations of Parachute, Inc.

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Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.