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The City Council closed back-to-back public hearings Monday after listening to nearly 170 comments on the controversial proposal to build a synagogue, school and social hall at 1301 Oxford St. 

The special council meeting, held at the Berkeley Senior Center, was the third public comment session for the first hearing, the appeal of the Zoning Adjustments Board’s approval of a use permit for the Beth El Congregation’s 33,000-square-foot project.  

After listening to more than 130 people during the three sessions, the Council closed the first public hearing and took a five minute break. They then opened the second one, an appeal of the Landmarks Preservation Commission’s denial of an Alteration Permit. The LPC denial made it legally impossible to develop the site, which was in contrast to the ZAB’s approval of the project’s Use Permit. 

The LPC considered the Beth El application because the site, formerly the Napoleon Bonaparte Byrne Estate, is a city historical landmark despite the demolition of the Byrne Mansion in 1987 after two fires severely damaged the structure.  

The property was also the home of the first African Americans, freed slaves Pete and Hanna Byrne, in what is now the city of Berkeley.  

The council is charged with determining if the proposed project will adversely affect the special character of the historical site. If no negative effects are determined by the project, the council will reverse the denial of the alteration permit. The council will also have to determine if the project’s Environmental Impact Report is complete and adequate.  

Beth El contends the historical aspects of the site will be preserved and opponents argue the massive size of the project will obscure what’s left of historic Byrne property. 

“The issues here are simple,” said Beth El member Harry Pollack at the opening of the public hearing. “The LPC unanimously agreed on a list of 11 remaining historical items on the site and all of those items were preserved in our original plan and we plan to do much more than that.” 

Some of the remaining historical items on the site include the main entry gates and posts on Oxford Street, the ornamental metal work on the property’s western fence and a Monkey Puzzle tree, which dates back to before the Byrnes purchased the property. 

The Live Oak Codornices Creek Neighborhood Association has strongly opposed the project because of its size, expected impact on traffic and parking in the neighborhood and potential damage to Codornices Creek, which runs across the northern portion of the 2.2-acre property. 

LOCCANA member Juliet Lamont said the creek was used by Native Americans for water and food and the Byrne family chose the site for its exceptional beauty. She said the current design for the proposed project is too large and will obscure what is left of the valuable historic resource. 

“We are asking the council to look for a good redesign and compromise of this site, which we believe exists,” she said. 

The Urban Creeks Council has recently received two grants for a total of $200,000 for Codornices Creek restoration projects, which might include daylighting a culverted section of the creek on the Oxford site. 

About 40 more people addressed the council during the second hearing before the council closed the public comments portion of the appeal. 

The council will hold an additional special hearing, the third this week, on Thursday in the Council Chambers at 7 p.m., to discuss the two appeals. The soonest the council might vote on both issues is Tuesday July 24 and the latest Sept. 25. 

Members of the public are invited to send written comments to the council.  

Councilmembers have said they will do what they can to resolve the appeals before taking its summer recess, which begins after their July 24 meeting.  

“We’ll be accepting written comments right up until the time we vote,” said Mayor Shirley Dean.