be bothered by noise so we also are concerned when the equipment was installed it wasn't installed in such a way that the noise remained below the thresholds in the noise ordinance but keep in mind that applied to the light well which is not legally amenable. >> would that be the specific reason the director overturned the boards decision. >> and explicit but based on facts and circumstances the day with had the board upheld the prior decision the decision isn't a pure question of law but what is happening at the site and since there mr. tail as

wrapped up the ductwork in the light well as she requested and before that no mitigation measures taken. >> as i read the brief their initial installation b be less than 58 dp and from that point on never complied in my mind it's not been actually come employed with the directions from the inspector. >> so. >> talking about the 58 decimals in the light well. >> i'm not sure by according to the briefs that came before me it had never the permit holder never got the d b down to 58 that's why mr. tail had been in

compliance since 2010. >> it specific question i'd like to ask the noise officer that's here to address it and okay. thank you. >> hi jonathan from the north control officer from the dph i can tell you that that was that equipment has always been in compliance based on the measurements i've seen from my predecessors with regards to the commercial industrial noise on that the 8 decimals over the ambient i don't know it that's in compliance on the rooftop because like ms. kaiser said it was not assessable until i came on board a couple of years later

when we figured that out but you can tell you we did the people forming took measurements inside her unit under the most stricken that migrant. >> so the excessive briefs applied. >> why dph put the decimal levels requirement. >> i believe what you're referring to say a 53 decimal guidelines that a group our plan checked with goes by sometimes it is that the equipment open a roof be 53 or below at property lines that's not also possible because there are places in the city

where the ambient noise level is above 53 but, yeah we're under the impression they took measurements 8 decimals of the ambient at this point not necessarily under the 53 it was lourntd that the ambient was louder but that was prior in the case so - >> excuse me. don't leave yet any opinion as to the source of noise and the vibrations? >> the source of the noise and vibrations i guess it kind of depended on where you are there

inside of the residence the source of you know 38 and the 40 decimals muttered i don't know really know i can pinpoint the source audioly tell me where the noise level is coming from open the revolver top i can hear the noise coming from the sand i don't feel any vibration but we don't really we're to the concerned with vibration enforcing the ordinance so there's no limits to the vibration ordinance. >> you have no opinion whether it came if the exhaust for that purpose. >> okay. i see what you're saying usually with most restaurant on their complaints of exhaust fan and duck it's closest to the light well and window those exhaust fans pull

more air than a supply or a dish washg exhaust it is going to make something a little bit louder so the exhaust fan associated dick work will be the source and okay. >> ass i asked director lee to talk about the vibration that was brought diode the spectre study he has the technical expertise to point it out i don't. >> congratulations. >> thank you again, i'm still only acting director we looked at today a spectre study they broke down the broadband measurement we don't require that they breakdown into spectrum in terms of frequency so i think what we saw was certain levels that are

hiring higher but again, we don't address vibration our standard is straight on dbi levels that's the only thing we can regulate we don't have a vibration regulation there is no public health issue in the gentleman's living spaces. >> understood bans airborne my question is vibration. >> again, we don't have a standard for vibration. >> thank you. >> okay. so i think we can take public comment now thank you any public comment on that item? >> the frst speaker please step forward.

>> good evening my name is a paul wormer i'm here speaking on behalf of the the lady appellant i should say i've frequented bruce i appreciate the food i note that the restaurant where people are sensitive to noise probably won't go when busy i've been in the laetdz apartment a couple of points worry me we're a city with many light windshields and restaurant in multi story buildings i've heard dph say we can't by law measure the noise in the light well, where it maybe effecting residents that's a grave concern

second thing i'd like to say t is the noise in the ladies apartment when the fan is going measures on a weighed gaga state law scale they weigh the frequency of noise on a weighed scale is may measure less than a quiet computer fan but i sure you having been in the apartment and spending a lot of any he life working with commiserates the noise regardless of how it's transmitted into that apartment when the windows are open and the fan is on even when the windows are closed and the fan is on is significantly more than the fan on my laptop wheelbarrow it's ramped up getting hot so i think there is perhaps an offer resigns on a single number

indicator for an impact that is better described as a number of measurements this is apple issue that's been going on in the city for awhile for example, the d b c will catch that noise are in the police code only for places of entertainment not for trim noise and finally i'd like to do is i'm concerned the grievous situation is a solution based on occurrence concurrence on a non-technical resident to wrap a duck when pardon me no serious emphasis of the things has.

but measured looking at operating equipment that surprises me that's not sound management thank you >> thank you. >> thank you. next speaker, please. >> hello commissioners. i'm robert i'm going to make two points originally one but two points this first a deafly of testimony has been presented as a attempt to minimize the noise levels in the ladies apartment calling them subjective and mr. wormer spoke about hi experience i've not been in here apartment but known her as a colleague for years and she's a reasonable, intelligent and cooperative person not a examiner if she says there's excessive noise to

enjoy her apartment i believe her the second point i want to make in listening to the testimony from the city and echo mr. wormers testimony i'm concerned about the departments change in the interpretation about regulatory authority my understanding the department has relied upon light well measurements on the orderly buildings in the city and suddenly it's decided that's no longer valid and, in fact, the prior interpretation was issued to make the violations on the attempt to get a variance measurement are not excluded by the code and the departments recreation of its long-standing interrelation i'm not here representing the lady i'm an

attorney it violates the principles of statutory interpretation to interpret the regulations or rules and the furnace the remedial purposes of the purposes here the interpretation is the other thing the interpretation that undermine those purposes are to be avoided here it seems like the departments are interpretation of its now interpretation of its authority convenes the noise ordinance and results in a notary republic remediation in this case, the noise that's been disturbing the lady quiet for years not a precedent for other cases that may likely come before the board as a variance those are the points i want to make thank you. >> thank you.

>> thank you. next speaker, please. >> good evening, commissioners i'm kevin shin i've known and worked for the ladies family their doesn't and reasonable people this noise issue is stress 43 full. >> seems like the allowing the variance try a little bit harder to abate the noise violation on the roof could be a precedence for other violations thank you. >> good evening, commissioners my name is karen and for the last oh, seven years or so ami i've been involved in japantown owners and one of the areas we've landmarked strongly is this mixed use having retail or

restaurant beneath residential units and we're virtual in favor of that that's the traditional configurations in japantown and i but the ability to have our japantown our area mr. tail in the japantown area be the kind of community we want to have relies upon having good enforcement and good standards that allows both businesses to operate and residents to enjoy their properties i know that the ladies family is one this is sympathetic to this the gentleman's father was the owner both of her parents operated the stake house one of the pastry shops a small

business and to have cost and know what it is to be a resident and want to live quietly in your neighborhood it's to say that noise is subjective is true if i start doing this pretty much it's not that loud but pretty soon it's on you're nervouss they're asking let's try a little bit harder to have some quiet because we all should have that it improves. >> neighborhood and keeps the standards we've tried for many years in japantown to keep so that we can have this thrilling mixed use so our test that was adapted by i did city will promote a good mixed use and promote having residents able to

enjoy this historic and part of our wonderful city thank you thank you any public comment on that item? okay. seeing none we'll take rebuttal starting with the appellant. >> once again, i'm bruce you thank you very much for providing me the opportunity i want to address some of the statements that's been made in the process of the departments testimony and also the owner testimony the isolateors on the fan have been place there but not operationally correct there's no gage as to what is not performing correctly at a

retriever tail property spoken to sullivan take care but not perform testing aside from the testing perform in and on the ladies residence we find that the department has been inconsistent in terms of initially allowing light well measurements to be taken and honored and denying the measurement can be take place and honored if they're off the table i have a feeling you're going to have an steve busy agenda giving the fans and the patterns established we'll be seeing a lot of people asking for the variances to be

overturned the question of which rooms are being measured yes. the living room is not the room it's a adjacent to the fan it's the kitchen dining room but the room that the lady spends 80 percent of her waking hours and where she prepares her meals and uses her computer and reads living room is not used in a standard family way in this particular unit i have to ask why was the original variance denied in the face of this data if this vanes can be upheld and were asking for a little bit more consistency in terms of how the department handles itself and that's the at the end of my discussion i'll make myself available for questions i'd love

it if you ask eric to talk about what hesitate prepared. >> i have a question. >> for mr. yee? >> good evening, commissioners i'm eric yee i work to charles sullivan take care consulate. >> i've known charley. >> yes. and in your opinion what is the source of the sound of vibration. >> we haven't had a chance to do a study on the noise situation, however, if i were to take my best caught guess one of the pieces of mechanic either the exhaust fan or the make up supply fan is rigidly coupled to the building which mr. tails building is coupled to the

ladies believe so everything is tied together struggling there are isolateors in place it's true we haven't been able to see if they're working and the issue 0 with the exhaust fan is has to be rigd low coupled the moment you couple the ductwork to the building is not isolated i've short circuited your support into the adjacent recipes. >> and the ducks are attached to the building in a rigid fashion. >> from the photographs on the on-site it's rigorously strapped with the rigorously we would like to the l breathes in a steel frame. >> thank you

well, i'll give you one last question you know earlier the city presented the equal active location between sound measurements and people's reaction to them or how they were co-related to normal sound in everyday life how would you correlate those. >> the co-related is correct but we call those broadband so if i stop talking and we listen for a second in the room you hear a fan but no distinct tune so the sound you don't get a sense of something standing up but if i whistle you begin to hear a note that's similar to was happening in the ladies home

there was a low frequency tune about one hundred and 25 inherits that is indicative of the speed spinning this is fairly common he see that a lot in the mechanic equipment we recommend isolating that duck as well as in terms of the human person responds to those kinds of tunes it is a little bit subjective if you're sleeping and a most kit buzzes in your area it's eir tait this is a prevalent tune about 15 test malls above the room it's a preevent hum. >> just a quick question how

much would it cost. >> we have a proposal into mr. tail i believe the amount is $2,000 for an exhaust study that allows us to cycle the bands on and off anything to understand what is jaitd the noise there was an assumption made when i i was brought into the project i was shown a photograph of the duck that was wrapped 1/3rd of the way my opinion you in wrap a third of the duck it would work you have to wrap the entire duck you don't i did not realize there was a second duck but more study is warranted because part thought it is airborne. >> structure born the fix is to

make sure the ducks is not annunciate the building or isolate these are are not in terms of the vibration it's foot litigated low mounted. >> this $2,000 is what the ladies will spilling split. >> i believe so i'm not sure. >> and then another question besides the $2,000 fee to find the problem i'm not going to hold you but what do you think a repair if it's rigidly mounted to the building what do you think did cost will be to repair that. >> the materials are not that expensive in the spring isolateors are in place and furngs the next logical would be to look at the ductwork seeing

how you could vigilancely not - we insert rubber pads in order to make sure that the metal to melt connect is disturbances and the rubber is effective in a 25 megahertz. >> so in your experience what's the cost because there's hours involved the cost of the wrapper. >> i'm not sure what the mechanic engineers were charging say $100 an hour and the scape el in place maybe a couple of days labor the parts are under $100 and the wake up $5 sow. >> so your company determines the costs and another company to

contracted to do the work. >> yes. that's the proposal. >> okay. thank you. >> okay. we'll hear from the permit holder you have 3 minutes of rebuttal. >> i'd like to address you know there were saying they'll pay half of the sullivan take care f the reading were taken by the planning department i believe the measurement we passed all

our final inspections there was something taken there i'd like to is my wife and i we're part of the community we have people saying we're not respectful or good we're not trying to be intrusive we are part of the community we give a lot and i hope you'll take the apartment of health recommendations thank you. >> i'm sorry what. >> as people have testified before us today sound is very i can bus and drive by i wouldn't know it is there a situation i know a that's what our board is

will resolve something that both parties may not be perfectly happy i've seen from the briefs there's been a lack of conditional use authorization between both parties at this point it seems like. >> there might be a little bit mistrust between the two parties but you we've - we've done everything we've been told to do so we the city told us to do this we did that. >> i'm sorry to interrupt the city self-live below the restaurant. >> i've been in the unit it sound there's not city noise it's in a light well, you hear the rush of air conditioning. >> the vent air geological going through vent and are you

willing to origin with sulter and your neighbor and potentially. >> i've spent a certain amount of money how much money is it going to cost me to have this issue that's not to me an issue and from where i see it, it's my opinion it's not an issue from the restaurant. >> there's been a restaurant there 20 or thirty years. >> i read that in the brief but the initial fan was not there until 2011 i understand that again noise is very up to different people but if you have to live there and alone to a beep like several gentlemen have said earlier that's an issue so i'm asking you right now since are you willing