for the permit. the these are president petersons questions, and i found that very troubling -- president peterson's questions, so i would support the appeal and denied this permit. -- and tonight -- deny this permit. president peterson: as you know, i am struggling with some of the credibility here. even some of the contractors' timelines, demolition occurring in early may, i do not know if credibility is grounds for denying a permit request, but the other thing is i do not know how we have met -- we really do not have a business plan.

responding to the needs of the community, and it could be expanded to accessory items and on pharmaceutical items -- and non pharmaceutical items. i do not see how this qualifies for rc-4 without further information. i am not saying an error, but i do not know if it was done properly to issue the permit at the moment. commissioner fung: i have come to a conclusion.

i believe that the planning department, as they look at a number of different areas, they always apply a number of different overlays that address a lot of issues in those areas, and that is something they do consistently, especially areas that deserve greater oversight, and, therefore, i am going to support the appeal in the denial of the permit -- and the denial of the permit the q2 and sufficient oversight for an over-the-counter review note -- due to insufficient oversight for an over-the-counter review. commissioner garcia: i going to vote against this. for us to decide that planning

should have done more when planning was not required to do more, when the permit holder was not required to adhere to rules that do not exist, to me is unreasonable. at heart, at heart, i really believe that this business would be beneficial to that neighborhood. i am going to vote against it. it does not mean that it is a day. -- it does not mean that it is dead. it will come back before us for another vote, and commissioner hwang, who is not here tonight, will be the deciding vote. within our package are some of the requirements that the captain wanted, and i do not think i am bolten the going to

prevail, but if i were to prevail -- and i do not think i am ultimately going to prevail, but if i were to prevail, i would want this to be part of this permit. anyway, that is on page 3 of the permit holder's submission. go ahead. vice president goh: i am going to make a motion to grant the appeal and overturned a permit. -- and overturn the permit. president peterson: if you could call the roll, please? secretary pacheco: the motion then is from the vice president to revoke the permit. on this motion, commissioner fung, commissioner garcia, president peterson, commissioner hwang is absent.

the vote is 3-1. uh-uh for your votes are needed to overturn any department emotion -- four votes are needed to overturn any departmental nol motion. commissioner garcia: if there is a commissioner that is absent, we hold it over to another person to vote, because we feel that is fair. we did not have a full complement tonight, so we will hold this over, and that date is -- vice president goh: october 20 in our memo, there are 20 addendum items? is that right? commissioner garcia: 22, right?

vice president goh: of october 13, it looks like that has room. -- vice president goh: october 13, it looks like that has room. commissioner garcia: it is possibly probable that the commissioner who is not here tonight will watch this on streaming video, and she might well sit down and say, "i am ready to vote," without anything else, and everyone is welcome to come again and make comments, but i think it is probably not necessary. at least, i am not asking for any. secretary pacheco: the motion is from commissioner garcia to move

this to october 13, closed, no additional briefing, and this is to allow commissioner hwang to vote. president peterson: can we confirm with the parties that they will be available next week? >> if she is going to watch this on video, will she be able to see how many people are here? commissioner garcia: sure. >> and is it possible that we submit something further? commissioner garcia: we have requested that nothing further be submitted. president peterson: are your clients able to be here next week? >> i would like to make some clarification. one is that there is not a

letter from -- commissioner garcia: the opportunity to discuss that has passed. >> the other, i would like to make is -- vice president -- the other comment i would like to make is -- vice president goh: you can comment on whether or not you will be here next week. secretary pacheco: the matter is continued to october 13 for next week's agenda. president peterson: we will take a short break. thank you.

president peterson: mr. pacheco, you can call item no. 8.

secretary pacheco: this is a p.o. number 10-076, -- this is appeal no. 10-076. 750 andover street. this is protesting the issuance on july 2, 2010, an electrical permit. >> i have a problem say no to france. -- friends. my notes. what this is is to resolve work done with of a permit for a tenant in a two-unit building, and attended on the top floor, -- the tenant on the top floor

-- i do not want to get into a family issue. there is a slight issue about the family, but they want to install an air compressor directly underneath my clients window -- client's window. a better picture of what this is come in here is the compressor. that is my client -- a better picture of what this is, and here is the compressor. this is my client's window, and the project sponsor was trying to get around addressing the issue of an airboat -- of an air compressor, and they are trying to say this is just for the tenant to downstairs for a hobby. we have not gotten there yet.

we will see what happens in the future. where we are now is a permit to install an electrical switch to hardwiring air compressor. now, there are different types of air compressor -- too hard wire -- to hardwire an air compressor. this is industrial grade. what they are going to use this for is to chip koran it, -- to chip granite, and the noise rating is 84 decibels. the police code limits the noise in a residential neighborhood, and this compressor is going in the backyard. another picture of it. so they're going to violate the noise ordinance, and the police department regulates theordinance -- the noise ordinance, and if you read this,

it talks about equipment. the project sponsor's architects say if it makes too much noise, they will -- architects say if it makes too much noise, they will in case it -- will encase it. you are still challenged with getting the ambient noise down from 84. they believe they can get it to 64. but the police department talks about 45 a and 55. you do not put a commercial air compressor under need someone else's window unless there is something else going on. the other thing they failed to address is the building permit issue. now, we do not have the petco -- the cut-sheet, but they have put

in a cold and ice the leaders for this piece of equipment. it is used -- " they have not -- they have put in anchor bolts and other things for this piece of equipment. you are going to make this unlivable. what is this really about? they are effectively doing this, constructed the eviction. this thing is going to run all of the time -- they are effectively doing constructive eviction. we do not want this torrent -- turned on. solve your noise issue now and solve whether you need a permit for the foundation work you did underneath this unit.

coordinate this police issue with the noise with the building permit. so i ask that the board put this on hold until they can resolve that they're going to get this noise below in. . if they really were going to do this, they have a 30-foot yard -- that they're going to get this in noise below the ambien level. -- ambient level. if they really were going to do this, they have a 30-foot yard. they think if they build something around it, although i am not quite sure how they are going to deal with that, but that is their problem, they can get it to 64, so they are not even getting it below the requirement for during the day, and this is for someone's home as a hobby. you know that is going to be going on at night,