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Board of Appeals grants rehearing on Oakdale demolition, cites new evidence of unpermitted work

San Francisco Board of Appeals · February 20, 2013
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Summary

The San Francisco Board of Appeals on Feb. 20 granted a rehearing for the 2065 Oakdale Avenue demolition permit after neighborhood groups and DBI reported post-hearing unpermitted activity, lead‑abatement concerns and obstruction of inspectors. The rehearing is set for April 10.

The San Francisco Board of Appeals voted unanimously on Feb. 20 to grant a rehearing on the permit for work at 2065 Oakdale Avenue after neighbors and city inspectors described unpermitted demolition and unsafe lead‑abatement practices following the board’s January decision.

Dan Dote, director of the Bayview Office for Community Planning and Neighborhood Review, told the board he had documented "a pattern of practice and deceit" by the permit holder and contractor, including soil disturbance and the removal of materials after the January hearing that, he said, undercut the reliability of post‑hearing soil testing. "What we are witnessing here is a pattern of practice and deceit," Dote said during the rehearing request.

Pat Buskovich, who represented the permit holder, acknowledged there had been "regrettable" actions after the hearing and said the owner obtained emergency shoring after a partial roof collapse and that a qualified lab had performed soils testing. Buskovich said the testing showed only background levels of hydrocarbons and that the contractor did not attempt to blend or dilute the soil to mask contamination.

Department of Building Inspection inspector Donald Duffy confirmed DBI issued stop‑work postings and notices of violation after inspectors were refused entry and that a lead‑abatement notice carrying a $2,500 penalty was issued. Scott Sanchez, planning staff, told the board that revised materials had been submitted to DBI and entered into the project’s special inspections file.

Multiple members of the Bayview community, including representatives who read a letter from the Bayview Station captain, said officers had been dispatched to the site when an inspector was blocked and that the neighborhood had not been notified of large demolition activity. India Basin Neighborhood Association representative Michael Hammond urged the board to rehear the case, saying the work exposed neighbors to airborne lead and other hazards.

Vice President Anne Lazarus moved to grant the rehearing and set the date for April 10. The motion passed on a roll call. The Board’s action vacates the prior decision and schedules a full rehearing on the merits so the parties and DBI can present the new evidence and testimony the appellants cited.

The rehearing will assess, among other questions, whether the work requires a full demolition permit, whether required inspections and notifications were completed, and whether DBI’s stop‑work and NOV actions are sufficient to protect the surrounding neighborhood.