we only have two options one to go ahead and take an action and then the department s could a also come back and ask for a rehearing or we can continue this and hopefully, they modifyly take care of that and pulled off k4r5r7d. >> if we make conditional i don't want to deprive the gentleman from doing his business. >> i'm preempted to make a motion i do have one statement a question for the department you understand if we make a condition that the department finds either illegal or

unacceptable for whatever code required purposes that you can ask for a rehearing. >> understood. >> okay. thank you. >> mr. shaw that needs to be done within 10 days starting tomorrow. >> yeah. because of the notice. >> okay. >> all right. >> you want to. >> i'll take a shot i'm going to make a motion to grant the appeal uphold the permit and condition it on the basis it move at least 15 feet to the east of its current locates. >> it's the locates at 954 market. >> only for market. >> on the bats. >> it smells. >> a what i thought you weren't

going to go through (laughter). >> i have a question i can write that if you want. >> no on the based that we can find potentially a mature resolution. >> we have a single permit for two locations correct we're not - >> the other one i assume the other one will in the be jeopardize if they have a different location i want to clarify. >> both parties have raised their hand and . >> she can't yes. >> sir. >> the appellant raised his hand. >> i recognized him first do you want to push the - >> good evening i just i agree but i'm just curious if it

didn't go through this pronged notice to the neighborhood i've spent all the money so if the department of public works make it like a special circumstances that this locates because of the you know the - compliment i mean the move it to the to the east side okay. but i can't for me it's kind of hard to wait to go to the properties. >> at this point sir, if this motion passes then that will be it for you expect if the department comes back and give us a mandate reign why you can't at this location. >> okay. thank you. >> do having you have a question?

>> i believe in fair business practices and fair i know the gentleman spent a lot of money doing what he is doing but it dawned ownership on me if he moves over to the west it is closer to the bus stop where all the bend over backwards buildings are i can't see why we he can't flush there. >> thank you. >> east or west 15 feet. >> that way he gets it both sides. >> that gives the city department nor latitude for moving the locates. >> but the permit holder may not want it i want to be color to the intersects i would yeah. >> okay

we can ask the question of the permit holder. >> sir. >> come forward one more time. >> sorry. >> the question has been raised whether you have a preference or is there an objection to moving to the west 15 or 20 feet at least 15 and there is the reason i employed there and the city approved any permit there's a line you are to be away from other stands or businesses or so - that's why i choose this i don't mind if i go to the east side if it's okay with not the west side. >> you understand sorry to interrupt one commissioner has

said she would vote against your permit correct. >> uh-huh. >> so we're going to work as a workable solution you're one down right now. >> i understand that as mr. raul mentioned it is possible to go there and it's a wider area to the right to our. >> to the east. >> yeah. so because there's no other way i don't own a space in the same block and the intersections and the subway and the bart states and - >> my motion will stay as it is to the east. >> okay. >> there's a motion on the floor from commissioner fong to uphold this permit an conditions that the cart be r0e78d at least

15 feet to the east of 954 market in the render in the interest of the mature resolution on that motion commissioner president lazarus. >> commissioner honda commissioner wilson vote is 480 zero this permit is uphold with that condition thank you. >> we're going to take a short break break. >> week to the february 25, 2015, meeting of san francisco board of appeals were on item 8 francis versus the department of public works bureaucracy of street use and mapping on the i

know everything of a night noise for permission to work on the sunset tunneled trackway improvement. >> 7 minutes. >> thank you very much i am the appellant france francis the i live on boss avenue one of the thai people that understand the construction is necessary and needs to be done i'm a professional mechanic engineer with a lot of experiences on vial noise and impacts on human health the issue is noise i'm asking you that retract or revoke the

province night time noise we're asking for reasonable xhomgdz or conditions be imposed we've sent the night time noise authorization it state it was anticipated there would be no you know significant noise to the communicated this is a the basis that clearly is not the case they were to make decimal measurement and making they met the planning code in the way of background noise that's clearly not the cats the big problem is here of all the people that have k4r5i7bd there are two issues main one is the reserve back up beepers they call it okay i think you all know i thought

maybe i should bring an example in here i didn't want to bother with that they go beep beep a thousand da in the back the truck there's this is the construction site 0 you don't see the construction now but those are the homes there's all along there and then there's staging area on dubose street along the park the trudz move reserves towards our homes this is not just a nuisance issue as i said i'll playing the health card that interferes with the people's sleep friday saturday

and sunday with the existing work conditions not only one weekend 15 with that said this is something that we wanted to get changed one of the issues is that it's particular to this hand drawn thing this way the stairs with the homelands there's the beeper those trucks literally the men are wearing noise protection for themselves that are running the trucks we're literally you know 20 feet away in our bedrooms trying to sleep what happens with the beepers they project the way the work directly at our homes and this is you know 24 24r07 the weekend and you get those sound waves going towards the home and they hit the side of home and bounce back by the

nature of the set up it is peculiar it is so close to the homes in the way they stand it backing up like that that so continuation not just a noise but a health issue will there are also other issues with the a great deal of they call k it balance issa big pile of they come in with the front loaders and dumb it at night and that's very, very loud peppering i made complaints to the construction company and here is a little plaque you saw on the belief this is the

decimal meter that is bent out in front of my home actually, it's right there there's the decimal meter on the stairs right there and those are the levels on one of the nights of the construction. >> sorry sir, may i interrupt you victor our screens have been flickering. >> at any rate the background noise is 50 dba and the night time novice 20 dba the respondent will say when the n judah rotundas but it is loud we're used to that that is a rumble not the screeching one hundred disembarkation back up

beepers and the scraping of the beepers that just wake you up it's not just me, you saw in the brief i think i said 54 maybe i was tired 45 people signed the petition many live across the street and some further away those beeping sound travel a frequency a thousand hertz is designed to be very noticeable so okay 0 that's the problem i'm here to in my brief i've proposed that we not revoke the night time noise permits so we say replace those 0 noisy beepers are a man on the ground so the fwhoiz a flag to signal

when it is safe cal osha has approved many we've come this close to an agreement i called cynthia we might not have a hearing we'll withdraw it but we missed two things so there are 9 things we all agree on the only thing they said if this better beeper didn't workout they'll stop and go to a flarlg not until the next weekend we'll have to live with that two nights but to stop it and that night so that's it. >> i thought you said two, sir. >> we tried the beeper an 82 dba beeper low medium and high

it is a white noise 82 (noise). >> they'll use the 82 dba so those are the 20 with only two changes stick with what you've showed us and conditionally and yeah. if it's not acceptable to the community i think that will be but if it's not don't make us go through two nights but put people on the ground arrest what about the change from 5 dba to 15 dba on an a.m. by. >> of course we're not supposed to bring 20 new things from sfmta and the toolbox and myself we came together this close to

having no knowledge not coming here and bothering you with we negotiate and coupling come with it i made lots of competitions really to approve their permit but with new conditions and i'll suggest not the conditions i gave those accommodated ones we're close on so if we could hear from the respondents and then. >> is there someone here from probate to speak please step forward. >> good evening bay i by the way of background

i'm shawn summaries i work to the management this project is essentially being performed to create safety liability upgrades doing a something to the effect retroactive and replacing the electrical bringing it up to today's standards in order to create this contract sfmta had to perform this over 15 weekend shut denounce ata's it's united states highest ridership it's unfortunate this has to be performed on the weekend it greatly impacts the general public but we're essentially allowed to work from 8am to 5:00 pm p.m. but to shut down to change the activities during the

shutdowns nevertheless of sequence so due to that we've discussed with the appellant and sfmta in regards to those noise issues what could be performed to mitigate the concerns of the resident initially we had 3 shut denounce getting the night time noise issuing the notices and doing the due diligence didn't have appeals or any issues at this point in time once we started up in january the december period was essentially no work to be performed due to the holidays in january immediately there's no changes to the activity that we performed there is been a new issue a bigger concern that the residents feeling multiple

weekend to mitigate the sound it's a going on we still maintain we're within the noise orients requirements millennial the permit is essentially requiring us to - sorry the police code said when a noise issue are be is issued no maximum noise this is an issue for the residents on site currently in the neighborhood so sfmta pro-bin and others have met for an accord we provided initially our mitigation plan but since then we've met a few more times people agree with the back up system was a feasible option and i believe that a lot of the issues are down to a couple of small items that need

to be clarified our night noise mitigation plan you might have read is superseded by a mta is offering to put together a urban lateral putting in stone the modifications taking into account the residents concerns so at that i want to refer to sfmta to kind of go over their clarifications how they came about and where they stand in terms of 6 their windows that's all i have i want to defer to them. >> one question you indicated the permit has no sound litigants but the contract does. >> the contract says we are to apply and obtain a permit in the noise level below came bitten.

>> your contract says 5 gaza over ambient. >> we're to obtain a permit it's a different interpretation 0 that's how we read that. >> could you address what the appellant discussed in terms of the minor dpifdz between you. >> the main issue is the we agree that those back up left arms are a feasible option and proposal their initially concerned with since we did a test that's an acceptable solution with the toikz then they'll want to rise that the main contention putting a specific name to it a reading what we prefer i believe to say we'll use the exact left arms it

is called an 82 dba alarm the reading vary so it requires a stringent stringent dba reading. >> it's a matter of semantics. >> they want it switched to a flarpg you want to continue it that weekend. >> we've come to on a agreement we're paying people for the work and no reason to use the ball park lines the contention the compromise will be that we say the next night we could bring on - >> that night not the weekend

that makes sense. >> it's too short of a notice. >> i didn't understand why a weekend. >> we have one night to place the tracks so to shut it down to make the change will effect the progress. >> if you only implemented 3 weekend in november. >> one in november and one in january a total of 11 we understand remaining permit you need to file one more permit don't you. >> correct. >> the same conditions will apply to the next permit also. >> that's in mta and dpw can plain. >> okay. thank you we'll hear from the departments. >> sir.

>> good evening commissioner president lazarus and commissioners nick with the department of public works i'd like to go over just brief process how we issue night noise permits in most cases in almost all cases it is in coordination if there's a part of city there's public safety concerned sfmta typically requests us if the contractor can do the work at night retypically ask the contractor to do outreach to the neighborhood in this case sfmta was the applicant this was their contract even though probing management was the permittee ambassador based on public

safety this public vents due to the ridership volume of the n judah and the safety of the tunnel you know it kind of outran it's life we determined that this would be a good candidate froipt to issue night noise we've been involved in a conversations between the gentleman and mta and we're prepared to you know approve any conditions they agree to they agree to and i'd like to defer the rest my testimony to director vince harris of mta going over details regarding the contract itself. >> before you leave one question john this permit only has a

relatively short time left. >> yes. >> only one additional permit a that's going to be required. >> they're to be asking the new permit be issued through the end of the contract. >> thank you. >> madam president and commissioners i'm vince harris the director for sfmta construction division obviously i had a formal presentation based on what was been said this is an important project in terms of of the public interests it is a project that has in terms of our delay we would be concerned we'll be able are go to complete the work it is an important project we have old rail at its useful life that's been expressed already,

we've been work with the appellant quite you frequently to try to reach an agreement on the item i think we've done a good job and issued a unilateral agreement to our contractor to incorporate into the contract those changed before the board this evening once in a while we'll to ask for an dispensation extension through july of 2015 that's one request to complete all the rest of the work to be done i'd like to highlight for you in terms of the conditions we'll lay out in the permit extension first, the contractor will move to the extent to the west portal will be corridor 83 at the east portal material not delivered to the site to 9:55 p.m. saturday

and sunday the contractor will implement to the extent the quiet noise by loading balance activity and next the contractor will install must have letters on the construction equipment it owned and make sure the construction equipment is in your and already equipped with mull letters the contractor will not utility equipment not utilized with must have leaders and lower be it further resolved back up beepers as opposed light noise dated 2015 sfmta notes if the residents adjacent to the construction site obtain to the low frequency beepers the contractor will discontinue it's use of back up beepers and commending e

commencing at the next night of work implement back up warnings slash flaggers for the remainder of the project next the contract will take the continuous moving equipment installed near the property lines when the contract is performing night work and make the logs available to the engineer and the public on request the contract will sure the impact tools at the sited are equipped with the exhaust must have leasers or letters and just a second haermdz with the shields or shrouds the contractor will use rather than the diesel and make sure the generators will be