underneath someone's bedroom window. commissioner garcia: i believe the person you referred to as the de facto owner was the owner du jour. >> we would file something saying we would cancel the permit, but that is not in front of the board right now. there are family problems right now. commissioner garcia: thank you. commissioner fung: do you have a copy of the relevant police code? >> yes. the highlighted sections talk about indian to noise -- ambient noise. this is residential, commercial. i believe other people are going to be complaining approach -- about granite chippiing.

-- chipping. and then they will be complaining about the dust. president peterson: we can heal -- hear from the permit holder. >> good evening, commission, president peterson, and fellow commissioners. my name is -- and i am an architect, in i am representing the legal owner -- and i am representing the legal owner. :i-0ñi want to historically adds the items with the appeal. first, the item note -- i want

to note address the items with the appeal -- i want to address the items with the appeal. first, -- i would also like to let the commission note -- know, because of the position, the highway being about 500 feet from this residence, it generates at least 90 decibels, and that is going on probably from 5:00, 6:00 in the morning until 11:00 or 12:00 at night. the level at that location is already very high. we have spoken to the attendant -- the tenant, and she has told us and has written a letter to the department that this is not for any type of commercial use. she is not planning on starting an artist's studio in generating

noise with a compressor for eight-hours or more per day. she is a video production specialist and does things on a contractual basis, and she presently has one project, which she will tell you about. she plans to do most of this hobby work, which is really strictly a hobby -- we submit photographs of some of the sculpture that she has done, and she plans to do most of the sculpting with this compressor probably from 8:00 or 9:00 in the morning up until maybe 4:00 or 5:00 in the afternoon. these are hours when he is not at the residence, and if he is at the residence, i am sure that

the tenant would be more than happy to stop doing work that day on the hobby, and is strictly a hobby. it is not like she needs to do this for eight hours a day. the second thing i want to go over is the equipment, which is not an industrial compressor. it is a commercial-sized piece of equipment. it does generate quite a bit of power, but it is at a level that is not that high and within reasonable limits. again, as i said, the decibel level at that location is at least 80 or 90 decibels, and so turning on a machine like this, although it does generate some noise, it is not like the older types of compressors that generate a lot and raise the decibels level probably 10 or 15 decibels higher than the normal traffic will double rate. -- traffic level decibels rate

-- decibel rate. finally, i would like to just very quickly address the response letter to the commission regarding the ownership, and, again, we submitted a lot of information regarding the property which the owner vote will go over and answer any questions -- which the owner will go over. i think that is about it. if you have any questions it. president peterson: is she going to testify now? >> yes. commissioner fung: you need to

do it within your seven minutes. >> oh, ok. >> hello, everybody. i am jose berrios, and i am the owner. i think i have shown the mortgage notes. i also have a copy of my tenant 's agreement, and i never submitted a copy of this agreement, but i already knew she had a hobby, and she does not have a business. she has a hobby. one section, the premise is the sole use -- let's see.

it talks about occupants, the sole use as a residence for the following names only, and that is her. if you would like to have a copy of the lease, i can give you a copy of that. lastly, i would like to say notthat that he is not paying te mortgage. he is paying rent. and the red that i collect from him pays for the maintenance and everything else that i am responsible for. one day, he will own the property, but this is a family dispute. it has been like this for the last 15 to 20 years. someday, it will come to an end.

president peterson: -your brother live in the property? >> my brother runs the upstairs -- does ensure brother live in the property? >> my brother lives upstairs -- does your brother live in the property note -- live in the property? >> my brother lives upstairs, and he will play his music until 1:00 in the morning, and what is the difference? for him to claim that this generator is going to make a lot of noise, he makes plenty of noise, in he is inconsiderate. president peterson -- and he is inconsiderate. president peterson: thank you. vice president goh: why was it put there underneath the window? >> we thought it was the best place to put it.

there was no malice of intention. it is my understanding that this is a daytime chipping hobby that she has, and this is not something that she does in the evening. vice president goh: thank you. commissioner fung: is there any more time? president peterson: are there to portamento comments? -- are there department of commons? -- departmental comments? mr. kornfield? you can sit down. >> laurence kornfield.

this was for work done without a permit. this was a letter of service -- the electrical service to the compressor in the back of the building, and so the wiring and the elector of conduits -- and the elector " -- an electrical -- and the electrical conduit -- we should not approve this until the complaint has been resolved, and the thing that will address whether there is another permit that might be required for this. i cannot answer that myself. sometimes, the electrical permit covers mechanical equipment like this.

i would like you to know that article 29 of the police code, which talks about noise, does not require that the police take any action. private properties are the responsibility of the department of building notinspection. noise related to just disturbance and nuisance noise is regulated by the police department, and fixed-source noise, like air conditioners and food-service equipment, that is handled by the department of public health -- regulated by the police department, like fixed-source noise. i just want to point out for the

consideration of the board that these problems are very difficult to solve once they are installed, and it is difficult and expensive to figure of how to fix it. it is a constant problem. you might want to have them figure out the noise problem before the installation occurs. we have sometimes requested that the parties consult with an acoustical engineer expert. those are my comments. i am happy to answer questions. vice president goh: how would the average tender know that they need to go to -- how would the average tenant know that they need to go to dbi or

another? >> i think that if a person, a citizen, had a complete and called some city agency, they can ultimately get them out of there. it is hidden away. but the public health department its many, many complaints about fixed-source noise, and they deal with the everyday -- but the health department gets many, many complaints. vice president goh: thank you. commissioner fung: this is interesting. >> it is. president peterson: is there any public comment on this item? please step forward.

>> good evening, president and commissioners. jose berrios is my landlord, and i believe he owns the building. i worked in the film industry, and i have no desire to have a granite business. i do not work in the evenings because i need my beauty sleep. i am not that type of hobbyist, at all. i would like to submit documentation regarding a factual evidence because there were some false and inaccurate information sent to you in the

appeal document, and i only received that on monday, so i did not have a chance to have anything prepared for you, so i hoped that at a future date, i could attach something to this. commissioner fung: you may want to bring it up now, because if we make a decision, there is no second date. >> this is something i just prepared to say to you, but i do not have tons of a news. i can provide you with -- i do not have tons of spain's. -- i do not have tons of things. i am working in manhattan coming up. i am not a professional sculptor at all. and when the machine is running, it is running, but it does not

run constantly. you kind of chip away a little bit at the marble, which is non- toxic. it is not something you would find the kind of work in any kind of mechanic's industry or anything like that. the reason i have such a large compressor is that it will run differently, taking noise into consideration, and it will not run as often, and i have no problem running that compressor where used to live on nevada street. i have neighbors on either side, and they never complained, and i never ran it for any length of time. president peterson: is it the same compressor, and how much did it cost? >> it probably cost between $2,200.20 $400.

-- $2,200 and $2,400. president peterson: how much he paid in rent? and do you have another business? .-- how much do you pay in rent? and do you have another business? >> i work in the film industry. this is different because this is three dimensional. vice president goh: you did have another business? it seemed that there was mention of a business license. >> i do not have a business license for sculpting. vice president goh: and you sculpt marble, not granite.

>> yes. vice president goh: why is it located there under the window? >> i think because they were trying to find the shortest route from the of the optical panel and the rise. -- from the electrical panel in the garage. i am not a contractor. i do not know. vice president goh: do you wear a mask when you sculpt? >> yes, i will wear one of those masks, just for sculpture -- for dust. i do not know if there was rebar. that was, again, to raise it up for the noise reduction. i am happy to answer any questions you have. president peterson: thank you.

>> i thank you for your time. president peterson: is there any other further comment? seeing none, we will move into rebuttal. mr. berrios? >> thank you. family squabbles are always very tough, but i think you pretty much heard why this was put there. there was an issue in the family about previous music. you do not put a compressor underneath someone's bedroom window. let's pc areas here. you do not put something this big unless you want to send a note message -- let's be serious here. you do not put something this big unless you want to send a message. there are 30 feet in the yard. i went up to his house. thank god he gave me directions. got off of the freeway.

the sound at 7:00 p.m. sounds like my neighbor, so the idea that there is so much noise that you will not notice and 84 decibels compressor that is this size -- decibel compressor -- i will not say anymore. they want to do a noise study and prove that the background noise is so great, if you read that code, it is on them, not as common on -- non region -- it is on them, not on the tenant. i want to get this solved before they turn it on and effectively event him. -- evict him.

i am asking you to ask them to get this solved before they turn it on, resolve the issue. >> good evening, commissioners. i appreciate your time for hearing this case today. i just wanted to add that i have been here 20 years. i built this with my own two hands. the issue of ownership, i brought this thing up because i did not intend to file a lawsuit to demonstrate my ownership. the mortgage was handed to me at the board meeting where it went through many siblings. this was a family of 14 brothers and sisters. i am number 13 of 14. we had a board meeting and what around the table, "who want this property?" it was given to me. the mortgage was handed. i have tenures of mortgage payments. -- 10 years of mortgage

payments. i would say this is at least 400 feet below the elevation where my house across upper -- house is at. it is a very quiet neighborhood. the backyard is recessed. [bell] this equal and is going to echo, and there will be a total defect -- this equipment is going to echo, and there will be a tunnel effect. commissioner fung: do you have a job, and when do you work? >> yes, i work for a company, and i do have to take time off. if i have to take time off for my back, i can come home and

come to a peaceful, restful place without having to ask for permission. i believe the compressor does not belong. just a last response -- commissioner garcia: actually, your time is up, sir. it is not fair to the other party to let you continue. >> again, commissioners, i did want to repeat that she, as she told all of you, when she does any sculpting, if she does it during the day and possibly just during the weekdays, -- when she does any sculpting, she does it during the day, and she does not do this full time, so she is not doing this every single day. again, she does this as a hobby, so it may just be for a few hours per day.

the other thing i did not think about with the compressor issue is that they do not run constantly. they run for a while, they build up pressure, and then it cuts off. so there is not this constant norway's. it is a much newer compressor, -- there is not this constant noise. if she had bought an older compressor, it would probably be 1.5 times as loud. when i did do a noise study for a project, which was on market street, and we did a study to measure the level, just adjacent to the building was a gas station, and it did have a compressor that was on the back of the gas station, and it would go on every 15 minutes, and so each time this compression -- compressor would go on, the level would go up about 10 decibels.

the was this increase in the decibels n level, but late at night, we are already measuring from 70 decibels to 90 decibels, and this is up until 2:00 in the morning, so the of the thing is we're planning on doing installation of the enclosure -- so the other thing is we're planning on doing installation of the enclosure. -- insulation of the enclosure. this needs to be enclosed. so with this in closure and the insulation, we should be able to reduce this by 20. commissioner garcia: from what?

>> it will be about 63. commissioner fung: what about the vibration? >> it is anchored to the concrete slab that was put there for the compressor, and how this glove was poured, i am not sure, -- how the slab was poured, i am not sure, so i think the vibration level will be very small if nothing at all. commissioner fung: and how did you measure the ambient noise. for the location itself? -- >> for the location itself? vice president goh: i think he was talking about the other project. commissioner garcia: he

mentioned something. >> i would be glad to do anoise l -- a noise level test, but i am momose possible it will be about 85 or 90 decibels. -- but i am almost possible re- deposited it will be about 85 or 90 decibels -- i am almost positive. vice president goh: and was there a permit for the foundation anchor bolts and whatnot? >> yes. president peterson: i do not understand the relationship. are they in a joint venture of some sort? is this part of the lease tenant

agreement? >> i believe it is part of the agreement between the landlord and tenant. she lives next door to mr. berrios' brother, dennis, on nevada street, and he knows her, and for some reason, she had to leave, and it was suggested that she speak to jose about possibly renting the space at andover. because she does this sculpting, she said she wanted to have a compressor at andover, so this was something that was worked up between them. president peterson: so your tenant reimburse them? and how many tenants are there

-- so your tenant reimbursed him? commissioner gorse: -- garcia: police. we may be wanting to ask the same question. -- commissioner garcia: please. we may be wanting to ask the same question. vice president goh: i would like to know about the toxicity of marble dust. commissioner garcia: talking about moving it further into the backyard, and there may be a structure? >> -- commissioner garcia