you kept the gate open 24 hours and show as the footage on your security cameras and see what kind of activities are actually take place in the l.a. -- -- what kind of activities take place in the alley. what do you think of that? you can look at the tapes. icommissioner hillis: would we e able to see the alley? >> i don't know, it is endless battle. the tenants want this, then they don't. i don't know what to do any more. we have been cleaning up the alley for years.

the cameras do not stop anything. i was called one time because it was open and there was a vehicle there. i took a picture of it and the vehicle backed up and hit me. you are not supposed to park there. president hwang: is it the parking that is an issue or the illicit activities? >> mostly, i would worry about the illicit activities. we do not use it for parking, but it was pretty bad. it is mostly probably during the night. then you have to have labor open and close it and we miss it. president hwang: okay, i just wanted to see if you would be open to that suggestion. that is just my personal point of view. commissioner lazarus: you are searching for a security without a date? president hwang: gating off a

public right of way as a drastic measure. i have understood that it was done for murder nc purposes. they have had it illegal for over a year and are some disability access issues and potentially fire issues. we cannot create another problem that is not resolving a problem. if there is a problem, i want to see the basis for wanting to date in the first place. >> the cameras will not be with. there are a dozen gates in the tenderloin like this, for same reason. president hwang: but here we have people who are in the buildings who are affected that are talking about issues related to disability access, not related to safety. somebody has been in that area 23 years. i have not seen people testify about the gate. and you could have brought them in. >> the road a lot of letters. we turned the man with the exhibits -- they wrote a lot of letters.

president hwang: it is easier for me to hear them. i want to see the serious display that you have to gate off a public right away. vice president fung: i have a question, then, of mr you. commissioners? i am trying to recall, idoes the department review for the reasons behind a closure, which in this instance is the their illicit activities or undesirable activities? -vstn

department, who is in support of the closure of this alleyway, and that they also provided documentation of the fire department saying that this date was appropriate for the needs of the fire department, for the local fire station. so there are backgrounds associated with the identification of an emergency order authorizing the closure of this date in this specific case. vice president fung: okay, there was no directors teetering or appeal? >> not in this case. vice president fung: okay, thank you. i'm willing to float a motion if you are willing to hear it. i am prepared to uphold the department of streets and mapping on their permit, with two conditions. one is that they procure a building permit with any required modifications for exit

paying for ada purposes, as required by the building department, and secondly that the installers of the gate, in this case the permit holder, supply keys to every unit in both buildings within one week. do you have a procedural question? president hwang: ok. >> if the date or to remain closed and locked, i would like a call box at the sidewalks of my drivers can call up to the apartment and open up so they can pick me up to the handicapped access in the

building. vice president fung: mr. duffy, you have questions, comments? >> sorry about complicating things. the moving back of 3 feet of the gate could create the level landing issue, because i believe that slopes down towards the street -- from the street towards the alley. even if they apply for a permit, i hope they get approval for it. if that permit was not approval, then the p.w. -- and the dpw would be revoked? i was looking at the gate and it's correct location, moving it, it is very hard to get that, and you have to have a level landing at the gate. i don't know if it will be a problem, but if it was, how that

would affect if they would not be able to get the building permit, on their condition, then that would revoke the permit? vice president fung: yes. >> ok, that's fine. sorry. vice president fung: counselor? >> i just want to remind everyone, including my commissioners, what would happen in the event the permit is revoked, and that the applicants would not be able to apply for the same permit for another year, and if the circumstances. unless the circumstances that lead to revocation had somehow changed. vice president fung: understood. commissioner lazarus: i am now somewhat confused. is there a gate there that is permissible? vice president fung: i believe based on the presentation made by both the building department and dpw was the main gate for

emergency vehicle stays in place. it is the person gate that moves back so as it swings out it does not swing over the sidewalk. am i correct? >> inspector duffy is correct, there might be a possibility that if the date is moved back, additional work would have to be made in the public right away to provide the level landing and other accessible features. the department would issue a supplemental permit for reconstruction of the sidewalk as appropriate to make it happen in this case. president hwang: and that is at the cost and responsibility of the applicant? >> absolutely. vice president fung: we don't want to make the situation worse in terms of accessibility. president hwang: and the supplemental permit would be appealable? >> that would be correct. at them as would be the building permit. >> correct.

vice president fung: before you leave, or my conditions clear to you? >> yes, it was, building permits required, keys be provided to all units within both buildings by the applicant, and any adjustments required to be made on the gate would be needing additional permits as appropriate to satisfy the access. vice president fung: right. president hwang: i have a friendly amendment to the motion, and its conditions would be pending the perfecting of the permit and applying for and getting them issued, etc., pending the hours of the gate to be open from 7:30 until 6:00 p.m., rather than 8:00 until 4:00 p.m., and that must be complied with. it is currently eight until

5:00. i like to extend the hours. vice president fung: until the permit is issued. president hwang: correct. vice president fung: i accept that. >> until the permits are final? vice president fung: yes. everybody has their options for further appeal. >> ok, so there are i think for conditions. one is that building permits be procured. in fact, that is already a condition of this minor sidewalk encroachment permit, but you can restate it, and that the gate installers, the permit holder, provide keys to every tenet in both buildings. vice president fung: every unit. president hwang: within one week. >> and you mentioned the requirement that all of the next sitting and load and that ada

requirements be met, by both the building and the department. vice president fung: that would be accomplished by the building permit, not a separate condition. >> and then that the powers that the gate be open to be changed to 7:30 in the morning until 6:00 p.m., seven days a week, until the permits are final. vice president fung: that is correct. >> and that would be the building permits. ok. commissioner lazarus: a clarification, the issuance of the keys one week from -- vice president fung: today. >> i think it would need to be when the board issues its decision. there is a 10-day rehearing request, and if nobody filed a request, we issue with on the 11th day. if somebody supplies a request, we would have to honor that. vice president fung: i would hope the permit holder would look at that before that time.

>> just a reminder, since this places conditions on the permit, it is as if you or granting the appeal, so it would need to be voted. -- it is as if you are printing the appeal, so it would need to be voted. >> we have a motion from the vice-president to grant this appeal, uphold the permit, with three conditions -- that

building permits be procured for both buildings, i believe, that gate keys be provided to all units in both buildings within one week of the release date of our notice of decision, and that the gate shall remain open -- vice president fung: 7:30 a.m. until 6:00 p.m. >> until the burning -- building permits are final. vice president fung: yes. >> ok, on that motion -- commissioner hillis: aye. commissioner lazarus: aye. thank you, the vote is 3-0, and this permit is up held with all of those conditions. thank you.

>> ok, item number six, pat buscovich against the department of building inspection. subject property, 40-50 lansing street, protesting the issuance august 24, 2011, to lambert development lansing a permit to alter a building, demolish and remove existing wood form work/shoring at north end of building, in order to comply with notice of violation. this matter was heard on november 16, 2011, and is on for further consideration today. it was continued to allow time for the department of building inspection to contest a site visit. again, commissioner lazarus has had an opportunity to review the video and materials for this matter. i think we will begin with inspector dufty. no?

>> i am the attorney for 15 guy place, the property owner involved in the suit. i was surprised to see mr. buscovich here. i attempted to contact him in the hallway, was not successful. i was able to reach his daughter, who informed me that mr. buscovich was in a dental chair with emergency board canal surgery this afternoon. based on his absence and emergency, i am asking for continuance on behalf of the property owner. vice president fung: would you always do that to other opponents? >> mr. buscovich is actually on our side on this. president hwang: is there someone here on behalf of the

permit holder? vice president fung: it'as moot. do you have anything? president hwang: no? ok. >> again, on behalf of the property owner. surprised again not to see somebody who is the permit holder, also. if the board's inclination is to uphold this appeal, we of course would be in support of that. president hwang: which one do you want? just kidding. vice president fung: you know, he asked for continuance. president hwang: that is what he asked for. i have already written it down. >> president, would you want to take public comment on it? president hwang: sure. >> is there anyone here from the public would like to speak on this item? ok, seeing none. president hwang: i move to

continue the matter to october 10? vice president fung: it has only been a year. aok. >> we have a motion, then, from the president to continue item 6 to october 10. on that motion -- vice president fung: aye. >> thank you. commissioner lazarus: aye. >> thank you. the vote is 3-0. this matter is continued to october 10, 2012. president hwang: i would like to

take a short break. >> ok. i