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Board grants jurisdiction for 367 Chenery Street dispute, gives neighbor 15 days to file appeal
Summary
The Board of Appeals voted 5–0 to grant jurisdiction over a materials‑change dispute at 367 Chenery St., allowing neighbor Alma Hecht 15 days to file a protest after the board found a material change (glass to wood firewall) merited reopening the appeal period.
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The San Francisco Board of Appeals voted unanimously on Dec. 10 to take jurisdiction over a neighbor’s complaint about a change in materials for a firewall at 367 Chenery Street.
Alma Hecht and counsel argued that plans submitted and noticed to neighbors showed fire‑rated glazing for a firewall and that later work used solid wood, a change Hecht said materially affected her property and aesthetic expectations. Hecht’s representative, Paul Melbistad, asked the board to reopen the appeal period so the neighbor could seek Board review of the change.
Planning staff acknowledged the plans had been changed and said the department considered the material change not to require a second 3.11 notice because there was no change to the building envelope or dimensions; however, several commissioners said that communicating changes to immediate neighbors is important and there was a substantial dispute about whether the change was adequately noticed.
After discussion about whether to continue settlement efforts or grant jurisdiction, the board voted 5–0 to grant jurisdiction. The board recorded that Hecht will have 15 days from tomorrow to file a new protest appeal and that the board would schedule it according to the appeals process.
Commissioners urged the parties to pursue settlement short of hearing, but the jurisdiction decision allows the matter to be fully aired before the board if Hecht files within the stated period.
