going to effective and have a good impact on our business the wigs we have over 3 hundred human wigs and over like 4 hundred another wigs the odor b will come into our establishment who is going to buy a wig that smells like onions or hotdogs or sausage so market street you can walk introduce this is a invites place to walk. >> are you finished. >> yeah. >> you have to take into consideration your block is undergoing 2 hundred and 50 square feet tea and they're going to a majory model your business is going to flush. >> go if i'm not going to be there until late next year the

beauty supply can't afford the mall prides we're trying to everything we're trying to beat the less stressful we've been stressfully to be dealing with the hotdog stand the block owners the westerfield that area is coming - and is $40 million. >> what's your exact physical address. >> did 54 we have 3 located a complete loss of money we put thousands of dollars or dollars and we'll losses money we trying to move and go somewhere else thank you, thank you sir, you have 3 minutes have been

rebuttal as well. >> good evening again sorry first off i want to say i didn't have that lease i didn't have business interest a that's not true i have month to month lease that's why i lost my lease i didn't have a long lease that's one thing and all the neighborhoods they know me i can prove that so, anyway i currently has 3 biz businesses and i have one there's been no on business so long as the smell is that it is based on the speculation actually he didn't want me to do business there that's the main thing and putting in all those

illegal activities to my knowledge and that's all i have to say i did everything according to the code and city requirement i went through a lot of timing and spent a lot of money and borrowed money to buy a car and spent money for the fees and the traffic tickets and all those things at the end i strongly hope to retain my business in the city of san francisco i'm in the food business for over 15 years i experienced in catering and headquarters and cafe and restaurant all those things and that's all i can say thank you, very much. >> how close is your cart to their bits.

>> just like 15 to 20 feet. >> like probably the store is here and my stand at the end of that- so it's not an immediate contact i'm not still here and they're they've over there and but how can you say the smell is from there to there i will steam the headquarters. >> sir. >> a couple more questions. >> at the 954 market site which days are you allowed to operate there. >> tuesday thursday and saturday. >> 3 not 6 as mentioned. >> monday, wednesday and friday

on the other side. >> you said next door no business next door to them it's closes. >> yes. he says he has 3 businesses all i see is dealing with my business he opens one business at 954 and i probably has a lace or something not on not like an open business only one business there. >> thank you. >> okay departmental rebuttal mr. shaw? >> good evening robert shaw about public works we reviewed that with the public works code and nothing further this is a schematic of the brief locates and as was mentioned it is about

presidential 15 to 20 feet so you guides get a better idea. >> right in front of. >> so. >> where the - it's right in front of that approximately. >> it is a little bit to the right if you're looking at directly at the store. >> at this angle it is approximately directly in front of their entrance to the offset 9 feet to those trees. >> silly question any way to offset it oath 9 feet. >> the department will have to review this against other utility there are a couple of man holds and requirement to cleaners from other utilities and a things of that nature we

could look into the applicant to submit a new dinning room the permit is subject to complaints and the business owner complains on a day to day bats this will think continuing. >> it doesn't appear to be polk the sidewalk is wide enough we'll need to make sure it didn't effect the pedestrian path it didn't look or appear to be many utilities or any other structures had necessarily effect this operation. >> okay. >> probably will be more beneficial for his operations to be closer to the sidewalk. >> we talked may i talk to the permit holder again. >> i think it's a departmental

issue see if he's willing to. >> so the question wire trying to get ridiculous if alu at all possible would you be willing to move towards the intersects 9 or 10 feet. >> i don't mind it would building better for me. >> you have a permit right in front of. >> a wider area so thank you. >> thank you okay commissioners the matter is yours. >> i think we're inclined to pull the permit with the condition if feasible but what if it's not from a utility point of view. >> i think it's a the

department has some flexibility there in signing the map i don't know whether they're to have to renotice or not i'll say. >> the department might want to step up to the mike just in case. >> i think the commission if they can find a solution for both parties that is moving that would be in a easterly direction; right? however, amount that you can the permit holder will be happier and the appellant court will be happier >> will that require renotification. >> under do code it will require renotification that will be a new location associated to a new address. >> is there a solution with you

don't want the permit holder to be out of business does there a way to issue and apply to have it moved over 9 or 10 feet. >> i believe because of the existing location that of the approved. >> or would you prefer we condition it to be moved 15 feet to the east. >> is that what you're getting into night time i'm to take into account it it one more time if we come up with a decision right there. >> it's really become an issue of really just being in compliance with the code this is strictly reviewed at this location if we decide to move i'd like to prefer that the department take into account

that. >> the condition if possible. >> it's not a condition. >> right. >> i'm not prepared to uphold it. >> yeah. >> well, because are we discussing the business. >> thank you. >> thank you. >> the other business has been there for 10 years and that stand is right yes, it's a feet away right in the doorway i'm not prepared to uphold it i'm not convinced the owners are going to walk into the store and whatever else so i don't have the same issue i mean i'd be happy if it would be removed but not deny the permit if not.

>> i'm with you. >> it's what we see here every week what need not effect one person may affect another person dramatically i'm not trying to make a determination whether it's significant or not if we can find a solution that both party are semi satisfied go from there. >> i agree the way we phrase is it possible. >> there's no need. >> it's tentative whether or not it can be moved it's no a compromise. >> 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