Board upholds DPW permit for NextG wireless box at Lower Terrace in 3–1 vote

The San Francisco Board of Appeals upheld a Department of Public Works permit for a NextG Networks wireless facility on a street pole at 124 Lower Terrace by a 3–1 vote on July 13.

Appellant Jim Flanagan, a Lower Terrace resident, said the pole equipment and associated boxes obscure and diminish views from the Vulcan stairway and nearby hilltops and argued that NextG’s application materials used misleading photo simulations. "Clearly, the boxes that NextG has put up do diminish that view, and they do obstruct the view of the surrounding hills," Flanagan said.

NextG Director of Government Relations Natasha Ernst told the board NextG followed the required process, supplied photo simulations and as‑built photos, painted equipment to match the pole, and was prepared to repaint if the city requested changes. "We received the proper permits and built in reliance on those permits on December 7, which is when the rights vested," Ernst said.

Department of Public Works staff explained the permit application was referred to Planning for review and that the planning approval was dated Nov. 15, 2010; DPW said the facility was installed in December of 2010 and noted under new local rules the site would be treated as a Tier 3 facility with expanded notice requirements in the future. DPW also noted other contested NextG sites have proceeded to court after board actions at separate addresses.

Commissioners debated visual‑blight concerns against the city’s permitting process. On a motion to uphold the permit on the basis that the proper processes and planning review had occurred at the time of issuance, the board voted 3–1 to uphold the DPW decision. Commissioner Huang dissented.

Next steps: The permit remains in force; DPW indicated it would follow the newer tiered review process for future renewals or new applications and may require notice and posting for Tier 3 facilities.