with miejz and other ailments like post distress disorder. my case therefore is very simple we received 10 days notice in september from trinity management they were about to surrender our apartment building with scarf folding and to do construction on the roof and exterior walls and the garage. everything apart from those thin exterior walls. my context migraines are horrible. when my doctor sent all this information to trinity lawyers and asked to be housed somewhere

quote they relied there were no other apartments available and no where to be rehoused and their constructions work would not be anymore allowed than street noise. i have to speed up a bit. the great thing about all of this the silver lining i've met all those would have young people anthony have made a beautiful home everybody moved ♪ the last few months. don't let us losses the right to the quiet enjoyment of our homes especially during christmas season >> thank you. any public comment? seeing none, then we will start with the rebuttal and mr. burn

you have 3 minutes. >> to go back on the problem that was posed for the construction work on december 9th that was seven months after the stucco work we agreed with the construction we know it hazard to happen and the building owner has to protect they say investment but not at our expense. that's it >> have you or any of your tenants friends here going gone to the rent board or tried other alternative ways to get address. >> we've contacted the rent board. we also asked trinity if they would come to an agreement with

us and they don't want to. they don't actually respond to occupier e-mails >> okay. thank you. is there time left there. if you want to give some time to - >> i've also been in touch with the independent living that resource center they also contracted the trinity lawyers and said i couldn't live through this noise with my medical condition they were given the same answers theirs in way to relocate us and treasurer we're to tolerate that noise. i think it's rather unethical that people just moved into

those houses without being told who was gotten to happen the roof and garage the only thing they're not fixing is the one thing i want fixed is a thin internal walls. so, please we know this construction has to happen. we do not find ourselves able to live through this project and hope that trinity will come and make some kind of offer to us to survive this project. thank you very much >> mr. silverman you have 3 minutes. >> i just wanted to take an opportunity during the rebuttal to refute some of the inaccuracy. the management was sympathetic to our tenants particularly when

we undertake a project such this. there's references to asbestos being in the lease this is a prior 1979 we're required to acknowledge there could be the presence of as best material in the property. before we've begun any part of the demo we've tested. there's prop 65 that is required by the state there would be car gents around the property. this is what we're duo to acknowledge in our leases. there's been no effort to mislead the residents that were i'm intimately involved in the roof repair to the moment we

discovered dry rot and brought in the drooshths do a substantial upgrade all the way through contract signatures to the process. ultd i think this is a small 5 unit prompt. we have resident with concerns about noise and dust all concerns that are relevant and all concerns that are present in any project when any property is upgraded. if there are specific needs for special dmoomthsz there are special court claims that with accommodate those but it has nothing to do with this.

the building is in desperate annoyed of those repairs. this property was built in 1963 and had has no significant upgrades. we're not doing anywhere than we have 80 do. we're only to accommodate the residents. i'll take any questions >> go ahead. >> so first yee question was the tenant that moved in july 1st. >> uh-huh. >> so equivalent the work that was needed to be done they were aware of so they said they were notified there would be windows. >> i mean, i see kind of a problem with that one. second of all those students i see the form hero was there any effort since english was a

second language your property managers last time is communicating don't he speak moaning dress >> i will tell you at the end of the may we still doesn't know the extent of the repairs that were required. we're in the process of doing the diligence and discovery dui so we created a non-disclosure agreement and it was dated the construction would go through april of 2014 not knowing when it would start of finish. with regard to the resident that moved ♪ july we were told according to their testimony the windows

would be replaced for two weeks i was there then >> you can answer the questions regarding the construction; right? >> right. >> it's noted it another trinity property has work done from 7:00 a.m. by many, many people and according to this 8 to 5, 6, 7 and a absolutely that's another inaccuracy. we don't start work until 8:00 a.m. normally we give a discolor from 8 to 5 but donates a 8 to 5 project >> my final question is since wore coming on winter the property is compromised to the

elements and it's going to be difficult to do the type of work you're doing in this type of condition. >> it certainly presents challenges. we hope to be through the demo fees part of the gin contract was to do the building weather a proofing but again, we have challenged >> any remedies at this point. >> we're not going 80 leave the building in a continuing condition it costs more money. 22 van water had similar issues around the same age and a ideal scope of work. we went through a torrent e rental adopt poor u pour and no

part of the structure is left open to the elements. absolutely not >> you couldn't answer envy first question i'd like address them to mr. silverman. >> so do you remember the questions the first kwae question was the parties moved in july 1st yet there's no discolor in our briefs indicating they were made aware of this type of rams was going to take place. >> the timeline as i understand it back in may the roofing contractor started work on the roof. in the course of that he

discovered some dry rot of the unstuck stucco and it was communicated to the tenant >> i see from the students it says 5 slash 26 but the tenants came in july and i don't see their disclosure in the briefs. >> their responsibilities to that commissioner is that we don't have a disclosure on record for those residents so it's an oversight and so it's plausible that there was window repairs that would be dunn done in two weeks. >> i wasn't present but i interpret that to be window work that's where you're inside a

unit and windows go back in we have to patch and a paint and a leave it in the same condition. >> i understand p.i. but that initial side to be done to a building but my concern was proper disclosure was not given to the tenants that are paying be market are we talking about that have to ensure the sound like and dust and lack of privacy. the concern is students english is their second language so envy concern if that was explained to them where they properly understood >> that i can't say but their signatures are on the lease agreement. >> so - >> can i add one thing it that

response in terms of. >> what are you ron to. >> the question from the commissioner. in terms of rain approaching i think it's important to note in the absence of the appeal we'll be hugh through the project by now. that was no doing of the property owner and a second of all i'm not clear on what the tenant expect of the property owner if he didn't do any of the repairs they would be well workplace they were reporters to complain about a lousy landlord having leaky walls and windows >> that's in response to the question. i'd like to address something i heard from some of the public

commenters. i heard for those people who were provided for disclosure papers first of all, it appears the disclosure were not in the language of the signers and that'sling legal documents to protect the property owners not for the tenants. iga an opportunity it break the lease i think one of the commenters said that's one alternate and the answer was no. i didn't hear rent reduction all kinds of ways to address the concerns raised by the tenants. i've also heard from the public commenters that e-mails go unaddressed so responsiveness that's lip service please

address that. every concern that's been brought to the attention of the management company goes to the windshield company manager >> in the same form or a note talked on the demeanor where there's no dialog. >> there's a whole e-mail history of weighing the individual about the appeal to the board. with all kinds of questions and demands and accusations and we'll drop the appeal if he was bought out of his lease. as a company that has 25 units in the city we can't buy out every resident or property where there's improvements. but there are venues those issues could be brought up n and

aided >> so an invitation for a process is what you're inviting an adversarial process. obama >> sound like it. i think you said a claim before the supreme court >> i'm not suggesting that. >> i heard that out of your mouth. >> the suggests that are coming up about the resident who want to be compensated let me clarify there's a different venue for those issues to be brought up than to appeal the process to keep the building in liveable condition. >> okay get it that's helpful. >> i apologize for that

miscommunication. both your statements were in the language of the tenants >> pardon me. >> the language was not assessable. >> the disclosure permit we have on file for unit one is in english which appears is not the native language of the resident and was the offer made upon disclosure of the work that was going to stop american people offer to take place sorry we didn't know about the all the construction. >> the disclosure agreement was signed in unit one in may we didn't know the stint of the

repairs but we hadn't signed contract but it wasn't for a few more months. from the time of original discovery around the first week of april we explicit get a permit issued until the beginning of september >> okay. i have nothing further for new >> ongoing thank you very much. >> anything further from the departments? no. okay commissioners the matter is submitted. >> any suggestions? >> it seems that i don't - we have the discretion of this board to be concerned about the

interests of the public and the public that came to speak about their concerns are not being addressed in issuance of this agreement have persuaded me discussions didn't take place to come up with a resolution. my leaning is to i'm not sorry which way i'm going to go but for the hearer the public's concerns and address the permit in that fashion

>> you have discretion under section 6 to do as you suggest which is to consider the. >> could you speak into the mike. >> i'm sorry. consider the effects of the proposed business or calling on the resident in evidence and to make a decision in our discretion so you have discretion here >> can i just through something in here. i think we're all sympathetic to the tenant. my view is i don't know what alternative those repairs have to happen if we overturn this permit you that's not going to create a good situation for the tenants either. there's nothing pertinent to the

permit itself. the concerns i'm sympathetic to them bullet i believe they lie within the per view of the board not within the board of appeals that we don't have the recommendations we can impose to i'd the situation speaker i wouldn't vote to over turn this permit >> there are ways to aid the time period for the work go to be performed and we heard from inspector duffey any concerns oh, hose not here like asbestos and lead can be raised and inspected and have someone come out and if that has an impact. there are health concerns.

noise mitigation measures i think would be addressed through time limitations on the construction. that's one way it's within our jurisdiction. i think it's - yeah. i think the issue of the actual need for the permits themselves is difficult to get around >> no, i agree. my only concern is that if you put yourself in their position not the ones that we're not aware of this and you move into a property and expect a concern quality of life and that quality of life is not there >> as the commissioner pointed out that's not a meter before us right now. i would be inclined to deny the

appeal as well but i'll be open to conditioning on the hours ideas is a good one. i'm not sure about the timing on the permit. because they are not going to harm their own building so terms of delaying the start or something >> i wasn't talking about that but the time period 7 to 8 or i don't know. i would agree with the limit o the time of work and looking at the asbestos report i guess i'll support continued testing as the work is being done. there's a notation that it should be sampled prior to being disturbed. i suggest we continue the teftd

requirement for the and i best issue >> do we have the ability to ask the property management to respond? >> they could - i think we've done it before with initial side complaints they assign someone who would respond and be accountable that is effected. >> i think michael chang u chung is the person that handled this and hose absent from this hearing and that's a good idea. >> right. and i agree there are alternative venues i don't know the names of the organizations

but there's like what's it called? you know, people who are out there that could potentially assist >> who's going to make ma motion. >> i'll make a motion to uphold the permit but conditioned on 3 things. number one that the hours of work be limited to 8am to 5:00 pm p.m. monday through friday. that there be conditioned testing for asbestos >> and lead-based paint as the work progresses. and number 3 >> i forgot was it of the.

>> the third, there be someone at dbi to fold the complaints relating to this property. >> did you saw someone from dbi. >> no trinity can we assign someoneful from trinity to field future complaints. >> i think that's the property manager. >> i think the issue is he's not been responsive to our tenants it would be in your best interest to find someone else. that's a simple option to the board. okay. i'm okay with that >> okay. that's my motion. >> the asbestos is only a demo

phase. >> but during the demo phase. >> if we could set some expectations at one point it will take us less than three weeks so everyone is compliebl i'll ask that - >> anytime new material is disturbed according to our report that's suggested wherever it's disturbed. >> okay. that works for me. >> when you're ready, sir. >> we have a motion from commissioner to uphold this permit that the following condition first, the hours ever work of construction is limit monday through friday 9:00 a.m. to

5:00 p.m. and there be continual testing during the what phase and during the demo phase and anytime new material is disturbed. >> during the demo phase and during new material is disturbed. >> wherever new material is disturbed. >> exactly. >> during the demo phase when new material it disturbed. >> yes. >> okay. during demo phase when new material is disturbed. >> yes. >> and third that the permit holder assign a contract person for all future complaints. >> and that person will be dave

tompkins. >> okay. on that motion to uphold this permit with those 3 conditions (calling names) thank you. the vote is 4 to zero this permit is upheld with all those conditions >> we're going to take 5 minutes. >> november 13th the metro of san francisco board of appeals. we're appeal 89 at 174 brighten avenue we have the permit holder to report on the conference in the hallway. we're of