wish to speak, if you would not mind lining up against the wall, that will help move the proceeding forward. thank you. >> i am rebecca rourke. i have lived on that neighborhood -- in that neighborhood on the block for most of my life. i love those trees. i have to trees i looked at in front of the every day. i see one from my first floor and one from my second floor. i can hardly stand the idea that they will be gone, but does beautiful canapes -- those canopies are really help the in front of my house. it is a very difficult transition for me. obviously, any new trees that are put in there are not going to develop sufficiently to take those trees' place.

we have had some heavy-duty storms and nothing has come down. i think they could stay up a little bit longer. that is it. >> thank you. next speaker. >> i have been in my place for seven years. i do not know when the pictures were taken of the trees. the ones when she was examining the trees. but we knew there was a problem. the trees looked unhealthy and i wondered what the situation was. the tree looks as good as it ever looked. it has a beautiful canopy. in the spring, the trees did not look great. but the one in front of my house looks terrific now. i would hate to see it come down.

1354 is my address. president peterson: your next door to the prior speaker? >> yes. president peterson: i did not mean to interrupt, but thank you. >> thank you. next speaker, please. >> good evening. my name is jillion. i have lived on the 1300 block since 1978. when i first lived there, the trees were probably already 30 years old, i believe. there was a time about 10 years ago when they did appear to be in very bad condition. but progressively since that time they have flourished. they look a lot better than they did 10 years ago. i may be wrong, but i have never observed the tree is

having a very good pruning. i think some of the problems people have mentioned could have been overcome with great care of those trees. there are three trees to the right of my house that lost limbs within the last two or three years. again, i think that reason was because they have not been cared for properly. i do think that most of the trees should be kept, because of the historic nature of the neighborhood men and the beautiful foliage they give and the beautiful look a gift to the street. there would be perhaps three trees that could be replaced, and perhaps that could be an experiment to start with the three worst trees and then see what is done to replace those.

and then reconsider the other countries at a later point, perhaps in three years. in the meantime, give them an appropriate pruning. thank you. president peterson: is there any other public comment? seeing none, we will move into rebuttal. ms. folk, you have three minutes of rebuttal. >> i am good to make a couple of points. one is on the categorical exception. i have not received it yet. i just got it now. i continue to think it is not appropriate in a case where there is real habitat value associated with the trees. the proposal as i understand it is to remove all of them on the block. there is not going to be another tree there of that size and structure to replace it. for the canopy of the trees,

there are three trees that jilian referred to that are on the southeast corner of the block. there can be is not healthy. nobody is debating -- their canopy is not healthy. nobody is debating that. but the north side -- it is lush and green. to debate that is just not accurate. regarding the timing, i would just like a couple of points on replacement trees. the one ms. short referred to that they took out -- it has been over a year and it has bought been replaced. there is one on the corner of per se and mcallister that had a permit granted for removal three years ago. it was replaced last week. it was replaced with a magnolia tree when we were sitting here

with an order indicating they were recommending replacing it with a chinese elm for the trees on this block. i feel like there has not been a coordinated effort at mitigation and with any kind of replacement. lastly, on the issue of coordinating with the community, that is in the order for the hearing officer. i am curious when they intend to coordinate with us if they are intending to take the trees out in january. they have not responded to any request to have a meeting on this issue. >> ms. short? >> i do not think i have too much more to say since the director's order does not specifically say we were meant to replace a chinese elm.

it said we should identify with the neighbors a tree that is consistent with city standards. there is no point in coordinating with the neighbors if the trees are not coming out. we're waiting on an outcome from this hearing. i do not have the authority to overrule a department order unilaterally. the meeting before this hearing would not have a sense. but we would be coordinating with them if the board grants removal of the trees. i think the last thing i would say is even the arborist report from the appellant did not recommend that anything could be mitigated through pruning or treatment of any kind. if we thought pruning could solve the problem, that is what we would start with. commisssioner fung: miss short, these are city maintained trees. >> correct. commisssioner fung: how did they

wind up in these unusual shapes? >> because chinese elm is very fast growing, it can be difficult to get ideal structure when the trees are young. they tend to grow very quickly. often a trade-off is that you end up with growth that is not as well controlled. the first issue is the species of tree. the second issue is that when you have reject this is not uncommon for the species because of the fast growth and less than ideal structure. then the canker can invade further. the canker is contributing to a lot of the twisting. commisssioner fung: what maintenance will the department conducted? >> probably relatively limited maintenance, although we are doing a much better job at doing young tree pruning to try to develop the best possible structure while trees are young.

we know when trees are more mature we have been hit by budget cuts and are not able to do as frequent pruning of mature trees as we once were. in terms of the establishment and the young tree care, that would be a commitment. we have been doing pretty well with that. vice president goh: i have a question. what is the average life expectancy of this type of elm? >> i am going to dodge that question as i often do by saying that city trees -- urban trees have a very different life expectancy than do trees in their native habitat. i would say chinese elms are probably more likely to fail or have root problems than to die of old age. this canker affects them, particularly the older varieties

that are not resistant. that contributes. they do not die of old age very often. vice president goh: one of the speakers mentioned a different species planted already. what is the expectation with regard to coordinating? >> there are a number of species already on the block. the homes are on the block along with some cherry, london plain tree, tulip tree, and others. the replacement tree was actually a requirement of a building project. that was not replanted by the city. that was planted by the property owner as a condition of their permit. president peterson: i know you addressed phasing somewhat earlier. i think we have an agreement there are three trees in the worst shape, the southeastern

trees. what with -- what if those for to go first to replant and then come back with the other? >> to me, identifying one tree that is worse than another is really a challenge in this case. i think the trees are in very -- they are all in -- i do not know if i can say equally bad condition. it would be hard for me to determine which three trees are the worst. that is why we are not recommending saving them. however, if the board directed us to do a phased removal, we could start at the end of the block. president peterson: did you personally go to the site? >> i was one of the arborists who did the initial the vibration of the trees. president peterson: i think the appellate stated that all the chinese elms were going to be taken, where as you stated that one would be left? >> i can look at my notes and

get back on that to you. president peterson: there is concern because we have heard from the appellant that at least one attempt to reach out to someone in your department got no response. i know i have seen you hear many times. i think in recent hearings you had awesome coordination with people that were going to be affected by your department decisions. what would your coordinated efforts look like if you could envision a post-hearing decision where we would uphold -- if we were to uphold your department's position? what would your coordinated efforts to look like? >> -- commissioner hwang: >> would meet with any neighbors

who were interested to discuss the replacement and species selection. we frequently attend meetings outside of regular work hours. we could certainly do that. the reason there was no response was because this was scheduled for the board of appeals. once we have a director's order at the board of appeals, we do not have the authority to meet and make a compromise. so we would absolutely be willing to meet with the neighbors on their time frame as much as we could coordinate. commissioner hwang: the department would convene a meeting and invite instead of wait for members of the community to knock on your door? >> we have been given direction as a result of this hearing that we should coordinate with them. we would ask them -- i mean i would ask them to talk to each other, those who are interested. in some cases, we have sent notices to every property on the block. we could do that if there was an interesting that.

president peterson: commissioners, the matter is before you. commisssioner fung: commissioners, i would concur with the department assessment of these trees. a think it is time for renewal of these trees. given the economic time, the fact that they have resources to do it at this point -- it makes sense to proceed. president peterson: personally, i think the photographs presented by the department were very compelling. i would also -- i am leaning to uphold. vice president goh: i would

agree with that, and the fact of the trees are at least 62 years old, probably older. if i were in neighbor who had been looking out on those trees for several decades, i would be in tears on the day they came and cut the tree down. i wonder if there was maybe some way we could require the city to put in a larger, taller tree in replacement. i do not know. i mean i would be in favor of phasing, except we are in the windy, stormy season. i would be afraid someone would get hurt by a falling tree. the do not know how the other commissioners might feel about larger replacement trees. commissioner hwang: we did hear ms. short talk about a 36 inch box for one of the properties. is that something you could address? instead of the 24 inch?

>> a 36 inch box treat is something the department can plant. it is a little bit more of a challenging coordinating process, because we have to use a crane to install those trees. but it is a possibility. it is more expensive. the trees themselves are more expensive, although not substantially so. we do have much more staff time, and we have to pay for the crane operator's time in order to do that. but those conditions have been imposed on others and on the department in the past. vice president goh: how much taller is the tree at 24 versus 36? >> it depends on the species. if we are talking about the break chinese alpine -- drake chinese elm, i just bought some

for another project where they are paying for the installation cost. those were about -- i would say there were about 9 feet or 10 feet tall. they do have a more substantial trunk, usually, by at least an inch or two. you do get a bigger tree with a 36 inch box. in some species, it is much bigger. in others, it is more about the trunk and the height. vice president goh: how did these trees and their disease come to your attention, in your department's attention? >> received two calls from residents on the block. president peterson: "36 inch block replacement -- would that be something that would be appropriate for this block in

terms of the larger size, the larger white? >> certainly. if you are asking if there are constraints that would prevent the larger size, and no. commissioner garcia: i think we should leave it open that if the neighbors want to make a concerted effort of, owners could observe the difference between what the tree would cost. i personally would be very uncomfortable to stand in front of the dpw at this point. we have serious liability issues here. beyond that, if you were to

launch proceedings before this board having to do with trees, you would know you are in really good hands. ms. sharp has an incredible record of advocating extremely strongly for preserving trees whenever possible. if this could be faced, if there could be some mitigation, the guarantee you she would be the one recommended it. she does not do this whimsically. i intend to uphold the department. president peterson: i still think there could be opportunity for phasing. i am most particularly concerned on the impact of the harem. i do not see how you buy about a total population. he and perhaps his mate would have a chance to readjust. there was agreement that there are -- that there are three

trees that stand out as the worst contenders. there could be a discussion of the remaining trees. i am alone on the phasing. that is where my vote would be inclined. vice president goh: president peterson, is the face an idea that the trees in the worst shape would be removed with an eye for the other trees to see if there recover, or in a certain time? president peterson: i think a chance for renewal in other areas. eventually, they would all be replaced. vice president goh: and then how would the decision be made to remove the ones in the worst shape?

president peterson: the testimony tonight was that the three worst were all found on the southeast corner. those on the north side, from the neighbor of's perspective, had helped the canopies. commisssioner fung: madam president, would you like a motion? president peterson: i would. commisssioner fung: i am prepared to make a motion. i will move to uphold the department. president peterson: call the roll, please. >> we have a motion from

commissioner fung to uphold this permit. on that motion -- vice president goh: um, can you start on the other side? commissioner garcia: aye. president peterson: no. commissioner hwang: aye. vice president goh: i am going to vote no. i am torn. if my vote does not make a difference, i am going to vote no. >> the vote is 3-2. the permit is upheld. president peterson:

>> welcome back to the december 15, 2010, meeting of the board of appeals, the last meeting of this board for this year. mr. pacheco, could you call item no. 6, please? secretary pacheco: item number six, appeal number 10-076, raymond berrios vs. the department of building inspection, 750 andover street, protesting the issuance on july 2, 2010, to jose berrios, and electrical permit.

>> please step forward. you have three minutes, sir. >> good evening, commissioners. i and the aged and architect for the permit holder, the legal property owner of the residence at 750 andover. the last time that we left, you requested three items. one is that we performed a sound reading at the site, which we have done. the second item was to possibly study alternative locations for the compressor unit, which was at the time located below the bedroom window of the tenant who filed the appeal. the third item was to present the schedule, which we did at the last meeting, but we have

reviewed the schedule that we discussed previously, and we will present another schedule. i performed a sound measurement at the site twice during the same week. i used what is called -- i have

worked with them before, and i did this down measurements at the site. i did four measurements each day. the second was at 11:00, and the fourth was at 5:00. because of its self will measure 3 readings. there is also the maximum, and for whatever duration period that i said before, -- the maximum highest discipline rating was 92.4 decibels.

this was extremely high and when the traffic is at its highest. the lowest was at 2:00, 2:15 that day. [bell] can i continue? on the second day, which was thursday, december 2, the discipline rating was -- commissioner hwang: let's stop there. is this your submission? >> i do have copies of this.

commissioner garcia: did you apply -- supplied this to the appellant? this was not to hearing oral presentation at the last minute that was also due to the appellant. commissioner hwang: do you have the copies right now with you? can you give one to the appellant? he has already read into the thing. commissioner fung: you also mentioned the location? >> yes, and after looking at all

of the locations, we decided that none of the locations was suitable, so we decided to locate the compressor unit in the existing garage, in the corner, and that is the corner that is furthest from any of the neighbors. that is at the corner of benton and andover. vice president goh: -- commissioner garcia: how is that different? >> it was the ground window. it was to the opposite side of the building. and, again, it is going to be enclosed in the closets, acoustically insulated, and hopefully reduce to 60 decibels or less, which