permit. public hearing was held on july 25, 2012, and was continued today for further consideration. good air the matter was continue to allow time for -- the matter was continue to allow time for dbi to conduct a review of the accessibility and texting issues. >> i went to the address -- i think it was the day after the hearing -- and a building permit is required for this work. there are two gates attached to two separate properties, and there are exiting requirements for the code. there are accessibility requirements, and we would need to do a structural review on how it is attached to the building.

we need two separate permanenci one for each building is attached to. that will have to be reviewed by dpw and the fire department. >> if it was not attached to the buildings but was independently supported by the street, would that change the requirements? >> that is a good question. dpw could probably deal with it than a year ago -- we did then. -- with it then. i am still concerned about who is going to check the accessibility valerio --

acceptability. >> we would still want to see that done. 5 i have had two meetings. mr. flynn already has a plan involved. we have to make some changes, and they are almost ready to submit to the building department for review. it is going to be taken in before we can see of permits for that, and i think the dpw minded region might need to give reassessed a little bit. -- i think the dpw might need to get reassessed a little bit. we try to do the right thing. get a couple of people may have said this is dpw and got a permit when it should have been of a building permit at that

time. >> given that it is currently attached without a permit to two buildings and the permits are under way, what would the permit who recommend? >> i think it is not too bad. from an inspection point of view it looked pretty secure. there was a bar at the bottom, and that would not bee reassessd at all. i think the last hearing that got mentioned. >> did not mention, but has anything been done?

>> know, but there was a suspension. for the building permit it would have to be done. i spoke to mr. flynn, and he would have to show about. -- show that. >> if that is the case, the corollary to the question ais is the action in the pennant to that, or is there a reason to tie them together? >> i think we should have a building in place before we do anything, because it is kind of a little bit of leverage as well, so maybe we hold it off a little bit and say i would like to see a building permit in place. >> we will see what their opinion is.

>> to enter the first question you posed -- to answer the first question you posed, if the fence was installed solely in the public right-of-way, the department of public works will review the integrity of that gate. we will engage the building department and the fire department as it relates to this alleyway to insure the building requirements are satisfied. this raises a good question, because currently the permanent incentives -- is inspected. i am not sure what you would need to get a building permit

relating to this gate at this point. one of the items is we contacted the mayor's office. goowe contacted the department. there will be additional requirements the department will impose on this date going forward if the permit is upheld. one of them will be to set it back 3 feet from the property line to swing not into the path traveled, but rather it will swing short of it so there will not be a potential hazard. there will be adjustments required on the mechanisms of the gate itself. it will satisfy requirements the department will impose based on recommendations, and the access coordinator will review the design to ensure it satisfies

the requirements. >> any recommendation from your department as to how you would like us to proceed? >> before you answer that, part of the question i have is is the gate in its status quo going to turn into something totally different? is it going to be transformed? will need to be redone in order to comply with oversight? >> it depends on the amount expected to exit. there might need to be more

than one gates on both sides. there might be a multitude of elements that would be required. debate itself would be moved by a minimum of 3 feet -- the gate itself would be moved back 3 feet. they would maintain the location but shifted back 3 feet. >> what do we do pending in getting the thing in compliance? take it down altogether? get it in place? >> i think the board is faced with a slightly different question as to the appropriateness of the gate, because the department of public

works and building inspection recognizes there is an additional issue as it relates to a accessibility that needs to be adjusted, and if we know about it today, we go back to the applicant, saying this adjustment needs to be made. you need to make provisions moving forward. the question is the appropriateness rather than the design, because we can require the applicant to adjust to the design to satisfy requirements. >> can i ask the clarification question? there is a permit issued for your requirement, which sounds separate from needing to go to the building to get ++ approprie

that will necessitate encroachment as well. >> i think the threshold question is whether the encroachment in itself is appropriate, and the second question is why we continue did today, which is if there is going to be an encroachment, is the gate going to be in compliance? i thought the threshold question was satisfied at the last hearing, but i could be wrong. >> i believe that. >> thank you. 5 i think the best course of action would be to uphold the permit on the condition they get a building permit, which would

have to be reviewed by dpw fire, so if you could do that, because it is going to be reviewed anyway, and whatever process they may have already gone through, but they may have to go through again as part of the of a permit. at the end of the day i think we are going to get a proper complying gate. i saw occupancy load this morning, and to answer your question is it going to make major changes, i think it is going to be to the threshold of the smaller gates and the fact that it has to move back 3 feet. it looks like that. it is not approved yet, but i believe it might be back. >> gate open, did close, -- gate closed? rice is currently open -- >> it

is currently open. >> limited hours. >> i think that is a good idea. i would not be concerned about the safety. a small gates does not have accessibility, so it is probably better that it is open and close -- than closed. there are people who do not have a problem if it is open. >> currently there is a likelihood of requiring it to be pushed back 3 feet. if it were open, it's the door were swinging into the public right-of-way in a way that could potentially -- if the door were swinging into the public right- of-way in a way that could provincially create a hazard. is that the problem? >> not really. if you're going to do a permit, dpw for for her you push it

back. -- prefer you move it back. i would not be too concerned. good >> we can hear from the appellant. >> thank you from hearing from me today -- for hearing from me today. i have a few questions regarding everything that was brought up. no. the reviews already supposed to happen? i thought we did worth the reviews already supposed to happen? -- weren't the reviews already supposed to have been? according to the appropriateness, i am also questioning the legality of it. it has actually been a legal -- illegal, and the door handle is currently 5 feet tall, 5 feet

high, so it is not a wheelchair accessible, and that would have to be changed. the gate is requested to be open from 8:00 until 5:00 p.m., but for the last three months i have been keeping records of when it has been closed, and i have just put a piece of paper on the light box so you can see all of the notices. i have sent an e-mail each time it has been a close, son it happened when i needed to be taken to the hospital, -- when a woman needed to be taken to the hospital. i am requesting if you are going to leave the gate and have opened hours that they start earlier in the morning so they do not have to be stressed out as to whether they have to be open and opened later in the evening. my friends who drives me do not get off work until 6:00, and

that is when they drive me to go grocery shopping, so how about 7:30 until 10:00 p.m. commo, sog that is appropriate for my needs? who is responsible for the decision today? how am i able to follow this? what am i able to do to gain more access? i do not know how the system works. if the notice posted next to the gates regarding leaving it open aid until five -- 8:00 until 5:00 or not there, would it have been left open during the day? the rally has not been violated since the gate has been opened during daylight hours.

there is another tenant who requested keys because of their disability, and it has been two weeks, and they still have not received a key. goothey were told someone else s the keys and they have not been able to get a key. where is the lock box? we have not been told. i actually have a lot of new things to ask. >> your time is up. does the permit holder like to speak, your time is not up yet. you are a member of the public. we are going to hear that in a minute. first we need to hear from the permit holder. please step forward. >> i am dennis flynn, and we have opened the gates from 8:00 until 5:00 as requested.

we have never had it closed eyes of my knowledge. that alley is the no parking zone. -- we have never had it closed as of my knowledge. that alley is the no parking zone. goowe have kept the gate open to comply with requirements, and we do not see a problem with that. >> are you finished? i just have a few questions following the appellants presentation. it was stated keys were requested but not provided. alas hearing i understood the permit holder would -- at the last hearing i understood the permit holder would provide keys to anyone who requested keys. >> i think they've provided it. i am sure they got it.

like how are you sure they got it? >> i am not. >> what can be done? >> i have to see who it is. i am not sure they did not get their keep year ago -- their key. >> i just need accountability on the key. if it was left open, it needs to be done. if the gate was closed when it was required to do the kept open, who was the person from your company to complain about that? cracks are manager -- >> our manager. >> we were shown a list of times and days when it was not.

>> i do not know who is closing in. we open and close it from 8:00 until 5:00. 5 who is the manager? >> there are two. >> of the managers do not respond to the request of the gates are closed, are you the person? >> yes, i have been called directly. i went over and checked it. we make a big effort. i cannot say the person did not get the key. we have never denied any won a key -- anyone a key. >> you are the permit holder? >> 643 jones.

>> now we can take public comment. >> i live in 691 post street. i do not understand how it is mr. flynn controls the keys to the alleyway and not our managers. i applied approximately a day after the last hearing for keys to the gate and the back door. i have been assured i will get them in the next week or two. there is another issue. in the letter i am told it is mr. flynn who controls the keys. this cannot be. it is our building. we are the tenants affected by it, not mr. flynn. goothe other issue i would likeo

bring up is the gate open or closed. i have not watched it, but two weeks running, the gate is closed. your order is affixed to the wall. it says seven days a week, and the manager does not work on the weekends, so the gate is closed. gi want to ensure your order is so vague. thank you. -- is obeyed. thank you. >> any other public comments? please step forward. >> my apartment faces the alley way. i have also witnessed negate being closed. the whole reason the gate was installed and now is because of

safety. i think mr. flynn has done and not to create safety for the alley. good -- has done enough to create safety for the alley. he has a camera to see what goes in and out. there is a private security that comes in in the evening to patrol the building and the alleyway. he says there is a property manager. you're there might be a new one, but for the past two and not -- there might be another one, but for the past two and a half months there was an 0no one on's streak. he was accosted me for my advocacy about the removal of the gate. -- there was no one on jones street. he has accosted me for my advocacy about the removal of

the gate. there is a woman who is disabled who have to crawl out of of 3 ft. space on hurricane to get out of her property that is not handicapped a sensible, so that is how to trehe treats his rest. i believe it was put up on a saturday, and the city is just as responsible for that and for him, so there is no oversight. everyone wants to fix something that is broken. it should be taken down. there is enough security measures so the rally is safe for everybody, and they installed bars on the lower parts of the windows for the ones who live on the basement and the ones above ground also, so how much safety do we need on

the l.a. -- on the alley? this has been my home for 23 years. i know the neighborhood. he does not. people could not even answer the questions about the dates and how it was constructive. goothis is our neighborhood, soi asked that he remove the gate. >> any other public comment? >> my name is barbara, and i lived at the building is being contested. we are asking for access to the back door, where we have a ramp and we could go in, and it is at street level. if somebody can not walk very well, they do not have to go up

fliive stairs to the building. my husband was recently disabled, and he has back "/

very big problem, so this is not a trivial issue. isn't is -- it is a big problem. what is interesting is the old puzzle, who is watching the watchman? the people with the most interested in keeping the gate closed are the people with the keys. the people who need the keys to be able to come and go have to go to mr. flynn and building. it took us over a month to get a request for the key, and we still do not have the keys. it is not an unreasonable situation. good we are still having to deal with getting to food and medical equipment, and it is not possible. we are asking for a permanent solution. we want access to our own building, and we want this to be granted in a way that does not have to go through so many steps it is almost impossible to get what we need. i am stressing we would like a permanent solution. moving the geithner in -- the gate in 3 feet will solve some problems, but it is not giving us access to our own building.

>> do you agree there is a security problem in the l.aalle? >> there has been a problem with people dealing drugs and all that. people do not go back there. >> any other public comment? the matter is yours. ir>> perhaps in our earlier comment about the threshold for this particular permit, perhaps we should discuss whether we are

in agreement as to what the threshold is the reagan -- is. if the situation is as it was painted, the security issues, the drug issues, prostitution issues, and other things but were occurring in the alley, i would be supportive of this taking of a public right of way. leaving it open to me it does not make sense if one buys the concept in terms of what the security issues are. the technical side of what is being done, the exit way could go over the public way a certain degree. i think they are allowed 12 inches. they can move about 3 feet.

it does not matter. and the mechanism is relatively easy to do. those are not issues. the sizing of it, preliminary analysis indicates the existing gate size probably is ok for the occupant loands. it is probably ok for accepting from both buildings. it is not necessarily ok and terms of ada -- in terms of ada requirements. i am probably buying into the fact that ben ali does have certain issues. and whether it only occurs -- that an