2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 10, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Frank Fung, Commissioner Sabrina Saunders, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Craig Nikitas, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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SPEAKERS: Patricia Vaughey described her up-coming appeal. Jeremy Paul spoke for the permit holder in Vaughey’s appeal.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
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Subject property at 641 – 27th Avenue. Appeal No(s). 03-197, All City Construction Co. vs. DBI. Letter from Joel Yodowitz, attorney for All City Construction Co., appellant(s), requesting rehearing of Appeal No(s). 03-197, decided May 12, 2004. At that time, upon motion by Commissioner Chin, the Board voted 2-3 to overrule DBI’s notice of decision with a finding that a demolition took place which exceeded the scope of the permit, but which did not constitute an unlawful demolition, with additional findings as stated into the record by Commissioner Chin. Four votes being required to overturn a departmental action, the motion failed, and the decision by DBI was upheld. Note: Companion case, 03-199, Woo vs. DBI, was decided concurrently with 03-197. Howard & Susie Woo, the appellants in 03-199 and the subject property owners, however, did not file a request for rehearing. Departmental Action: Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Dec. 3, 2003, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that BPA No. 2002/09/09/5995 is hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.
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ACTION: Upon motion by Vice President Sugaya, the board voted 2-3 (President Harrington, and Commissioners Fung & Knox dissented) to deny the request for rehearing. Four votes being required to grant a rehearing request, the request was denied.
LIST OF PARTIES: Joel Yodowitz, attorney for appellant; Laurence Kornfield, DBI; Catherine Barnes, DCA.
PUBLIC COMMENT: None.
(3B) REHEARING REQUEST:
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Subject property at 357 Howth Street. Appeal No(s). 04-078, Ard & Mosher vs. DBI, PDA. Letter from Rebecca Mosher, co-appellant(s), requesting rehearing of Appeal No(s). 04-078, decided on September 29, 2004. At that time, upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Chin absent) to uphold the subject permit with the following condition(s): a) that the fence be included in the plans; and b) that the Dept. of Building Inspection conduct a site visit in order to verify that the construction of the current addition does not exceed the plan dimensions (10 feet).
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the request for rehearing.
LIST OF PARTIES: Rebecca Mosher, requestor; Laurence KornField, DBI.
PUBLIC COMMENT: None.
(4) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
PUBLIC HEARING HELD ON 8/18/2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the hearing to December 1, 2004, with a report from DBI & PD on November 17, 2004 on siding permit issue.
LIST OF PARTIES: Archie Clarizio, attorney of appellant; Leo McFadden, DBI; Craig Nikitas, PD.
PUBLIC COMMENT: None.
(5) APPEAL NO. 04-049
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JUAN YANES
dba “CHARLES TOWING & MECHANICS”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1251 Thomas Avenue.
Appealing a Police Permit Zoning Referral (P51 Tow Car Firm) dated May 13, 2004, addressed to Juan Yanes, that the proposed use, tow car operator, requires Conditional Use Authorization (CU) in the Restricted Light Industrial (RLI) zoning district per Planning Code § 249.15(b)(2), and that such a use must be conducted within an area completely enclosed by a wall or concealing fence not less than 6 feet high.
PUBLIC HEARING HELD ON 9/29/2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to continue to Call of the Chair.
LIST OF PARTIES: Craig Nikitas, PD; Juan Yanes, appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 04-030
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MARVIN LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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714 – 22nd Street.
Appealing the denial on April 15, 2004, of a Permit to Alter a Building (on 3-unit residential building: install 12 vinyl windows in kind into existing frames; no structural changes; windows face front and are visible from the street; if applicable, bedroom windows shall comply with § 310.4 for rescue).
APPLICATION NO. 2004/04/15/1367.
Note: On June 9, 2004, the Board voted to uphold the denial of the subject permit. On July 21, 2004, the Board voted to grant the appellant’s rehearing request.
FOR REHEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 3-2 (Knox & Sugaya dissented) to overrule denial. Four votes being required to overrule a departmental action, the denial was upheld.
LIST OF PARTIES: Craig Nikitas, PD; Alex Koustas, agent of appellant; Marvin Lau, appellant.
PUBLIC COMMENT: (For Planning Department) Susan Eslick speaking for the Dog Patch Association said they want the denial upheld and that the area deserves high quality design. Erin Gruez for the Architectural Heritage organization. Janet Carpinelli for Dog Patch organization said they want wooden double-hung windows on the front of the building. Joe Boss for the Potrero Boosters and the Dog Patch group said the City action is not punitive and much time was spent on Dog Patch legislation.
(7) APPEAL NO. 03-087
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BILL & LUBA GOWER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2250 Jackson Street.
Appealing a determination dated May 20, 2003, addressed to Gary Bell, that the legal use of the subject property is a 5-unit apartment building based on available prior building permits and land use records.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellants.
SPEAKERS: None.
(8) APPEAL NO. 04-081
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LANE LOUIE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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950 Grant Avenue.
Protesting the issuance on July 2, 2004, to Elaine Chiu dba “Grand Palace”, Sidewalk Display Merchandise Permit.
PERMIT NO. 04D-265.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to continue the hearing to December 8, 2004, with a equest for DPW BSM to make an appearance at the next meeting.
LIST OF PARTIES: Lane Louie, Appellant; Albert Chang, agent for permit holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 04-037
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ANTHONY DUMONT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Westwood Drive.
Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731. Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Saunders absent) to reschedule the hearing to January 12, 2005 at the request of the parties.
SPEAKERS: None.
(10) APPEAL NO. 04-070
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RUSSIAN HILL
COMMUNITY ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APROVAL
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1170-1180 Green Street.
Protesting the issuance on June 17, 2004, to Jeffrey Horowitz, Permit to Alter a Building (on 6-unit apartment building: expansion of building by addition of partial 3rd floor, renovation of 2nd floor, and conversion of some crawl space to automobile parking).
APPLICATION NO. 9925728S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the permit on condition that the skylight not exceed 3 feet from the finished elevation of the ceiling.
LIST OF PARTIES: Michele Sudduth, agent for appellant; Jeremy Paul, agent of permit holder; Craig Nikitas, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: John Banolis said the addition will directly impact him and that the building is the ugliest one on the block. Linda Marks read a letter from the Telegraph Hill Dwellers urging the DR decision to be upheld. John Bardis for Coalition of SF Neighborhoods described the chronology of the case over five years and said that height is the problem. Himeo Tsumori said he had a fire in his house and understands the difficulties of rebuilding after a fire. Mike Schwinn said the tenants in 1170 Green Street support the project. Mona Horowitz, wife of permit holder, said this five-year process has caused her family stress, and pain, and she urged the Board to uphold the permit.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 04-094
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
FOR HEARING TODAY.
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(11B) APPEAL NO. 04-096
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SHAWN LEONARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to continue the hearing to December 1, 2004.
LIST OF PARTIES: Kass McMahon-Kelly, agent of appellant; Sean Gorman, agent of the permit holder; Craig Nikitas, PD.
PUBLIC COMMENT: (For Appellants) Lisa Everson, President of St. Mary’s Park, said neighbors didn’t have notice it was to be a four-story building. Anna Contreras said they trusted the architect and were mislead and they were never shown a scale model. James Aylward said they were promised shade trees on terraces but plans show too little room for trees that could block view of building. Elsie Aviles said the permit holder was supposed to bring a scale model and never did. Lori Cherpan said letter from a neighbor opposing another four-level monstrosity. Libby Kelly-McMahon said she trusted the developer but it will be like 3999 Mission and they were duped and she feels foolish now. Dennis Billingsley said architect was charming and down-to-earth and he thought it would be a three-story building. Guido Guinasso, past President of St. Mary’s Park, agreed with all arguments in opposition to the project. Eric Poole said that traffic study from DPT and a DPW neighborhood clean-up plan are needed. Jay Ach said the project is an architectural insult to the neighborhood. (For Permit Holder) Robert Meller explained that the NC-1 zoning allows these 40’ buildings in this neighborhood and that due notice was given. Joe O’Donoghue said how tall is tall and how small is small.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-097
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BRENDAN LALOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
FOR HEARING TODAY.
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ACTION: 12 A Withdrawn by appellant.
(12B) APPEAL NO. 04-102
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to continue the hearing to December 1, 2004.
(13) APPEAL NO. 04-105
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MITCHELL SCHOENBRUN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1401-1409 Castro Street.
Protesting the issuance on August 2, 2004, to Isa Muhawieh, Permit to Alter a Building (on apartment building with commercial: storage room into laundry room at ground floor).
APPLICATION NO. 2004/08/02/0401.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.
ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 04-106
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DEE & JUDY LEMMON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1283 Portola Drive.
Protesting the issuance on August 2, 2004, to Yu Hua Chen (New Subject Property Owner Edmund Ko), Permit to Erect a Building (2-story single family house with 1,434sf of ground floor area).
APPLICATION NO. 2002/07/17/1685S.
FOR HEARING TODAY.
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(14B) APPEAL NO. 04-107
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JOHN & JACQUELINE KING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1283 Portola Drive.
Protesting the issuance on August 2, 2004, to Yu Hua Chen (New Subject Property Owner Edmund Ko), Permit to Erect a Building (2-story single family house with 1,434sf of ground floor area).
APPLICATION NO. 2002/07/17/1685S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to uphold the permit.
LIST OF PARTIES: Dee Lemmon, co-appellant; Jacqueline King, co-Appellant; Charles Higley, attorney for permit holder; Craig Nikitas, PD.
PUBLIC COMMENT: ( For Appellant) David Bond said that no 311 Notice went to neighbors for this postage stamp-size lot project and he is confused about which lot is to be used.
ITEMS (15A ), (15B) & (15C) SHALL BE HEARD TOGETHER:
(15A) APPEAL NO. 04-108
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JEFFREY LIVINGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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129 Westwood Drive.
Protesting the issuance on August 3, 2004, to John Zhou, Permit to Alter a Building (on single-family house: change existing 2nd floor study room and bedroom to storage per plan; under Building Permit Application No(s). 2004/06/02/5323).
APPLICATION NO. 2004/08/03/0421.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the subject permit concerning conversion of 2nd floor storage, on condition that the stairway to the storage area not be open.
(15B) APPEAL NO. 04-109
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JEFFREY LIVINGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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129 Westwood Drive.
Protesting the issuance on August 3, 2004, to John Zhou, Permit to Alter a Building (on single-family house: repair, roofing, reroofing; replace interior lath and plaster with GYPBD; repair windows; under Building Permit Application No(s). 2004/06/02/5323).
APPLICATION NO. 2004/07/01/7873.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the subject permit.
(15C) APPEAL NO. 04-124
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JEFFREY LIVINGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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129 Westwood Drive.
Protesting the issuance on June 2, 2004, to John Zhou, Permit to Alter a Building (on single-family house: add exercise room, family room, laundry and full bath at basement; relocate bathroom fixtures and walls; excavate basement floor and reinforce walls per plans).
APPLICATION NO. 2004/06/02/5323.
JURISDICTION GRANTED 9/8/2004.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the subject permit on condition that the laundry room be smaller, and with a Notice of Special Restrictions that indicates the subject property is a single-family house.
LIST OF PARTIES: Jeffery Livingston, appellant; Laurence Kornfield, DBI; Walter Parsley, attorney for permit holder; Craig Nikitas, PD.
PUBLIC COMMENT: (For Appellant) Anita Theoharis said the neighborhood needs help in having matrix enforced to prevent illegal units. Anne Chen said racism is not the issue but rather the Code violations. (For Permit Holder) Jeremy Paul said the issue is the case of the attic and that the documents are here to show that the users are consistent for a full-length building. Pat Buscovich said the records are not clear and that it is hard to get story count.
There being no further business, President Harrington adjourned the meeting at 11:38p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
