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Board of Appeals denies rehearing request over Verizon antenna at 3512 Clay Street

San Francisco Board of Appeals · July 18, 2018
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Summary

The San Francisco Board of Appeals on July 18 denied a rehearing request from Presidio Heights residents challenging the permit for a Verizon antenna at 3512 Clay Street, finding no new evidence or manifest injustice; residents had alleged improper reliance on a commissioner’s opinion and an undisclosed conflict of interest.

The San Francisco Board of Appeals denied a rehearing request on July 18 over a permit for a Verizon antenna installed at 3512 Clay Street in Presidio Heights.

Charles Ferguson, representing the Presidio Heights Association of Neighbors, asked the board to reopen the matter, saying Commissioner Anne Lazarus had relied on “personal opinion” rather than evidence at the June 20 hearing and arguing that the record had been mischaracterized. Ferguson also alleged a potential conflict of interest involving Commissioner Bobby Wilson and her law firm’s work for T‑Mobile, saying that relationship had not been disclosed on Form 700 and that Wilson should have recused herself.

Verizon’s outside counsel told the board appellants had not shown grounds for a rehearing, saying “there’s been no new evidence submitted to suggest that that decision would be changed.” DPW staff and several nearby property owners who testified said the pole and its antenna are highly visible and that prior proceedings did not resolve neighborhood concerns about aesthetics and site inspections.

Vice President Swigg moved to deny the rehearing request, saying the petition did not show new evidence or manifest injustice. The motion carried with affirming votes recorded by President Frank Fung, Commissioner Daryl Honda and Commissioner Bobby Wilson, and the rehearing request was denied.

The board’s action leaves the prior administrative determination intact; the board did not reach a formal finding on the conflict allegation in the hearing. Residents who testified said they will consider next steps in response to the board’s decision.