you see in the second picture, the exhibit b, has an exterior wall. commissioner fung: we asked for that information. >> it seems to be a budding that room there from what i see in that picture. commissioner garcia -- it seems to be a budding -- about -- abutting the room. commissioner garcia: putting a window in that spot? >> it would require another permit.

commissioner garcia: that would be a possibility? thank you, sir. president peterson: we will go to public comment and then. three minutes. >> can i have my full three minutes? i got involved after the notice was filed by the neighbor. m=9iñ 3 minutes. >> the complete language was not

very clear. so i filed a board of appeals permitted to get clarity. there was the owner of the building and the senior inspector, joe duffy,. what they filed for was to seal it up. this window is a new edition. it is illegal. it is an aluminum frame. this was an opaque film.

the project sponsor, not us, elected to remove its. there is another option. another option -- this is why i brought it. we just ask that you make it ok. the current permit is to remove it. if you go for the property window -- property line window, it cannot be operable. it has to have fixed glass. to be honest, in current code, there are no requirements for light and ventilation in the bedroom. by seeing this up and putting in the glass, it will not change the occupancy of that bedroom. the code does not require it. but if the board chooses to take that and seal it up and put in

the glass, we ask that they complied -- comply with the property code, which is that if my client goes to built and removes the window, a pretty straightforward -- we also asked that if there is tension between the property owners, but we just ask. there is no reason for people to look at each other. this is my clients bedroom. i have been in both rooms. the current permit is to seal the window up, and you provide some of pecos, which provides privacy. -- some opaqueness. commissioner garcia: what would

it cost? >> this is probably a $5,000 project. and it probably has to be insulated, wired glass korea probably about a $5,000 project. -- why your glass. probably about a $5,000 project. -- why your glassw -- irewired glass. commissioner fung: there is a -- one-hourglass that does not have -- there is a rated on-hour glass that is more sense of that does not have wire. >> yes, that is about $10,000.

commissioner hwang: whether it is possible or not, is it possible to use the kind of glass in a window that is vintage? >> you can vented through the light well. to keep something there, to have something to opaque to let light through, it has to be sealed and not operable, and the ventilation cannot be on the property line. >> to have the opaqueness -- commissioner hwang: to have the opaqueness -- >> it cannot be honorable of all, whether you put in this kind of glass or some other --

it cannot be operable. it commissioner -- commissioner fung: you say you have been in rooms on both sides? >> yes. you can take of this aluminum -- you are not going to get much improvement by enlarging the window in the light well. commissioner fung: this and then leads to the backyard? >> there is an upper floor, which is the of the window that got resolved. there is not another room with a window where you can get bly. -- can get light. commissioner fung: is there

another window adjacent to the tenant over here? >> no. commissioner fung: so the only option that is a property line window or -- the light well extends down to grade. >> the first floor is garage. thank you. president peterson: thank you. are there any more public comments? >> thank you. my name is victoria giannini,

and i have lived there since my parents were there. i am a retired school teacher for the san francisco unified school teacher and currently employed with them. my husband has been a small- business owner for automotive repair for many years. we are hard working people. the photograph that you saw of the window, it encroaches on my property. the window is located less than 3 feet from my personal and private bedroom. someone in the tent -- attendanttem -- tenant's room can look in. any clear window would not cure this problem.

future construction on this property could cause some to protest. i should not be restricted in the use of my own property. the window cannot be used except as an emergency escape route, even though he has mentioned he is concerned about an earthquake, how he would get out. that is not my problem. the problem needs to be resolved in his own unit. there is no legal requirement to provide light and window. there is no authority about the contemplated work. this obtains a proper permit, and we came to an agreement. i even agree at that time that i would pay for half of the removal of the window as a good neighbor.

the window above we stopped complaining about because it was much further above and not right into my bedroom. i do not think i am being unreasonable. i have a small house, much smaller than hers. my backyard is about three or four times the size of my house and slopes upward, and i walked out, and this is what i see, this window. it is an ugly thing to see. that is all i have to say, in a really appreciate your listening to me, -- and i really appreciate your listening to me, and i do not think any the derogatory comments should affect your decision, because they are simply not true. thank you. commissioner garcia: he is

representing you? and you would not be opposed to what he is suggesting? >> i would like to not have a window there, not so close to my bedroom into my backyard door. commissioner garcia: but if it were opaque, would you still be opposed to it could >> yes, i think i am still opposed to it -- would you still be opposed to it? >> yes, i think i am still opposed to it. president peterson: is there any other further comment? if you want to speak, please step forward. go ahead. >> i was born in yugoslavia, montenegro.

the french army. italy. 1960. 1966. u.s. army 1967. i pay taxes. i have never been in jail in my life. they know who i am. i move from yugoslavia in 1969. i served in the army as a sergeant. -- i moved from yugoslavia.

i have never read a book or seen a movie like this. [in distinguishable -- unintelligible] ok? president peterson: thank you. is there any other comment? seeing none, we will move into the were bottle. mr. hasson, you have three minutes of rebuttal if you want to use it. >> we would like to have a window in our bedroom like

everybody else on the planet. >> i want to let you know that i agree with some of what that person is saying. ms. gould had explored various options it, and one of those options was two definitely sealed up a window and create another window in another part of that room in that area. mr. hasson had obviously strenuously objected to having the windows sealed up, and, frankly, i understand why. it has been mrs. gould's intention all of this time to maintain a window in this space, so with all due respect, at some

point, he might have understood that mrs. gould had attempted or contemplated ceiling that space up, -- sealing that space up, but she has always wanted to maintain a window in that room for obvious reasons. the property value will be affected if that window is sealed up. there was another consideration. mr. hasson is a tenant of hers. he has a right, whether it is mandated or not, to be able to have a place that at least has some light in his room. there is no necessary law, but i would say that mrs. gould, if that will go issealed -- is sealed up that mr. hasson

brings this up at the rent board about it being sealed up. when i spoke with tony at dbi, the discussion about fire always contemplated some sort of window which would allow her to abate the nov, so when mr. garcia brought up this issue of a fire -- window, if you will, that was a part of that discussion -- brought up this issue of a fire- rated window. the discussion was the same. it was always discussed in the context of leading a window there. it was not to seal the window up. so i take exception to that particular comment, and that is her intent. and basically solve all problems.

it abates the nov, and it is not the cheapest way to abate the nov. the cheapest way for her to abate the nov is to seal it up, so we want to be able to keep a window there and satisfy mr. hasson and set asidet -- and satisfied -- satisfy the nov. president peterson: thank you. any further comment? seeing none, the matter is submitted. commissioner fung: i have a question. the window there is fairly small. a habitable room requires a

certain percentage of the curtainwall have a window. it also requires a certain opera ability -- operability for it. as we mentioned, it is relatively small. a fixed window here, whether it is one-hour waiting or not, it does not satisfy the have the ability -- ability to have to take it.

>> you cannot exit from the bedroom across the property line. the jason neighbor can build a building on the property line, and the code does not allow for the exits. commissioner garcia -- the adjacent neighbor. commissioner garcia: not habitable for code. >> it allows for artificial

light. commissioner garcia -- commissioner fung: and the exit? >> there were lesser regulations on the windows. i am not sure when that building was actually constructed. commissioner fung: with this building and not be grandfathered prove commissioner -- and not be grandfathered.

commissioner hwang: something you said struck me. if the code is not enforced retroactively, why is the goul d's property affected? >> any legal window. it was not installed with a permit. and the widow seems to be an aluminum window. those windows where probably available in the 1960's or sometime about then, so i do not know if that window was ever -- on the property line, especially because it opens. and, furthermore, the permit was filed with the notice of violation. commissioner hwang: i understand

about that, but i am just wondering about the grandfathering. >> i do not know how grandfathering would apply. commissioner hwang: i think you just said that it was legal.

>> is that the same?

that is much better. >> [inaudible] course of rather have that than a blank wall. >> did you have a motion? >> yes, i'm trying to figure out what i was speaking. as i read this applications, it

indicates that the windows being removed and the walls filled thandinin, the only way to be ss the option. this is either the option for me or a window assembly with opaque glass. >> i cannot understand why we don't leave this as it is.