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Thursday, January 24, 2013

Bayview Watchdogs Seek Another Hearing

The owner of the old Berkeley Farms site at 2065 Oakdale is yet again being brought before the Department of Building Inspection Board of Permit Appeals (BOPA).  In its latest hearing request, the Bayview Office of Community Planning (BVOCP) is requesting a full rehearing of the case it brought before the BOPA on January 9.  That hearing stemmed from what many in the community deemed the unpermitted (or at least improperly permitted) demolition of the structure.

As reported here, further demolition, soil removal, and lead paint scraping occurred after the January 9 hearing, but prior to hearings on multiple notices of violation that needed to be cleared before any further work could be done.  BVOCP's Dan Dodt contends "that this is a clear violation of the DBI restrictions on new work and is utterly antithetical to the statements given (under oath) that such work could not be undertaken prior to the 22nd, assuming that a favorable ruling would follow.  This appears to be another layer in a pattern of complete disregard for DBI and the City requirements for following the rules before and during construction. This is also a clear insult to the Board of Permit Appeals and the restrictions placed on the applicant."

Dodt is seeking a full redo of the Jan 9 BOPA hearing to rescinded the original permit, which was supposed to be for minor work only, and force the property owner to apply anew for a demolition permit.

The hearing to request a full rehearing will take place:

Wednesday, Feb 20
5:00PM
City Hall, Rm 416

The rules state that "the Board may grant a Rehearing Request only upon a showing that new or different material facts or circumstances have arisen, where such facts or circumstances, if known at the time, could have affected the outcome of the original hearing."

The BVOCP's new evidence includes recent actions taken at the site, including:
- soil scraping and blending
- preparing to pour a concrete cap over exposed soil (so as to hide it from inspectors)
- intimidation of a DBI inspector, resulting in SFPD being called to the scene
- power washing and scraping lead painted surfaces without containment
- new demolition of adjacent warehouses under both a Stop Work order and Notices of Violation

Those interested in writing a letter of support requesting a rehearing are asked to contact Dan Dodt.

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