mr. duffey. >> on doing the work; right? >> if they want to undo the work they can do that that will be taking down a lot of construction and determine the roof where a it was. >> they went beyond the scope of what was permitted. >> it's high above. >> isn't that what people have to do is take down the improper properly done work arrest they can still - why did you go that how why did you raids it if you didn't need to if it was going to work the way it was drawn why iowa's would it built like that. i don't know how it works with the way it's drawn i don't know how to make that habitable >> i think i might have missed something if you recognize your record and it's going beyond the scope it's a misrepresentation on the number of floors existing and proposed 4 and 4 rather than 3 and 3 then if there's a recognition and mission and concession it's done wrong you've got to do it right in accordance with the permit. >> right. >> it's got to be undone and taken down. >> that's right i agree. >> i want to clarify there was a misre

mr. duffey. no? >> ca care to address lead abatement mr. duffey. >> no (laughter). >> nice offer. >> you were shaking your head. >> the permit that get through dbi and for the demolition obviously and it seems to be approved properly by dbi. we did get a complaint about the demolition and the district building inspector went out there already destroyed part of the structure so we get a complaint on july 1st and in july the building inspector made an inspectors and at the time there was no one working at the site. it he said it was a directors hearing scheduled for august. he didn't see anything but he may have been there earlier and by the time we get there they're gone. the complaint is still open but he didn't see any demolition that was hard to see so. okay >> i've got one question mr. duffey if this would have been a typical homeowner and the work this work has been done who what would be the departments 0 position this far. >> the work as in lead abatement work or demolition work. >> demolition. >> when you define demolition without a p

mr. duffey. >> what mr. hansen stated is when the penalty is paid and once they paid it, the only chance they can appeal the penalty is the department. just wanted to add that. >> thank you. commissioners the matter's yours. >> i'm very sympathetic to be honest. >> do you have a motion? >> yep. i'll -- i make a motion to reduce the penalty to two times. >> and just for the record, before i vote on this matter, i want to disclose that i am familiar with mr. reid. i've represented him in the past on an unrelated matter, but it would not impact my decision here. >> i have a motion then from commissioner honda to reduce this penalty to two times the regular fee. on that motion to reduce, commissioner fung. >> i. >> long long. hwang. >> no. >> president lazarus. >> i. >> thank you. the vote is four to one. this penalty is reduced to two times. thank you. >> thank you. our next item is item 8, property is at 1626 12th avenue protesting the issuance on december 19, 2013 of an alteration permit to add one bedroom, o

mr. duffey. >> good evening, commissioners duo i don't have too much to input but speak about the complaint we received we received a permit for the concrete creating hazardous dust it was assigned to howard on 27 of january 14th and his not i'm going off the ipad the case was investigated and it was found after research it was determined that the contractor had a department of public contract and the case was closed. he didn't know if they were working without a permit but when he saw the jackhammer he thought it started with the neighborhoods but when we can be it was a public health department issue so as far as i know there's no violation and it's closed. i don't see that on the system but not to say we issued a notice of violation we heard earlier >> okay. mr. duffey. in the event that there was a lot of discussion about the native of excavation in an urban setting if the foundation of the vertical club in the excavation and it was disclosed it's going to be above the foundation what would t

mr. duffey nothing else. >> commissioners the matter is submitt submitted. >> i did call for it but there weren't any people. >> please this lady. >> she arrived late. >> i'm a member of the public. >> did you not here the call for public comment. >> no, i've been here. >> we've called for public comment a while ago that was the time to speak. >> yeah. you can have 2 minutes. >> would a state your name for the record. >> i'm a member of muni half of the neighborhood association. we i can tell you that if you hire someone to take a sample a soil sample you don't decide where the sample is going to come from. there not not a geotechnical report that was done that was done prior to the issuance of the sequa and all the other you approvals. the geotechnical report that was accepted by planning department was when the building was already there there the building the whole envelope of the property was covered by a building and there was - this is the geotechnical report so the whole neighborhood has no really confidence in the planning department, planning commission because we have been put i

mr. duffey i know a specific case there was no variance for the deck and no firewall. it's at the rear property line >> rebuilding in kind. >> supposedly. >> yeah. if you're rebuilding in today, we don't require a fi firewall. >> you require a variance. >> we differ sometimes but certainly, you know. >> thank you is there any public comment on this item? >> maybe the permittee holder. >> i don't know. >> i'm kevin while i'm the owner on post. >> your time to speak was part of the time allocated towards the parties so if dollars rebuttal come up u accompanying you may speak then. >> is there any public comment. >> seeing none, mr. robin's goes first. 3 minutes >> i just want to clarify a couple of items and then alice maybe can have a few comments pr the areas of the decks as an architect i typically consider the deck independent of the stair because the number of occupants is based on the area of the deck and not on the area of the stairway so it's much more important to compare deck to deck in terms of the area of the stairway. in terms of terraceing the deck the deck

mr. duffey's department the question to revoke the permit. >> i thought we were letting the building department to sort it out. this is egregious and i that's how i would go >> is it a provision about how soon you can go back and - >> they've found the notice of violation to fix it. >> if we have a permit it overrides the nova. >> you can't come back here. >> okay in my view i know that already. >> it would be helpful in the board specifics the one year boar applies. >> i would go in this direction. >> i'm not sure i'll go the one year penalty. >> they have to resolve it. >> they'll have to bring it back and resolve work with the mr. vice president. >> they it, fix the permit. >> okay. so i would move friendly amendment. >> make the motion. >> to grant the appeal, revoke the permit based on a defect in the application and ask that dbi through the nova process tin to work to resolve the misrepresentations and the one year bar does not apply to that. >> the defect permit. >> sounds like intental misrepresentation i don't want of the multiple levels of conduct. >> but i still want to see it resolv

mr. duffey. >> commissioners i have a copy of notice of violation that the department issues i don't believe that the board has it i'll be happy to share it with you what happened after the permit got issued. victor can i have

mr. duffey anything further. commissioners, if you don't have questions the matter is submitted >> dollars one question we can't ask what did the arts commission do this to this. >> because they're not here and because of their role this is a group that is looking at the public art of the city but they're the designer of all public works and if i don't do what they say you don't get approval. >> that's where the funding source is what do you mean? >> they took a part of a sentence they all public works requires people for design of the building. >> okay. >> commissioners my concern is this was you want to talk about the arts commission also. >> mr. t would like to. >> all right. >> no disrespect to that point to clarify again, the art commission last month was contingent on your action as well. it was not absolutely so the approval the design was contingent on your action. okay. thank you >> did they push the modern design? the arts commission? >> i would defer to my colleague here. >> thank you. i'm sorry commis

mr. duffey. >> commissioners i have a copy of notice of violation that the department issues i don't believe that the board has it i'll be happy to share it with you what happened after the permit got issued. victor can i have a copy >> don't give it to him. maybe i can start while you are reading that what happens sometimes in those cases the appellants sometimes show up at the third floor of the dbi prior to going to the board of appeals where they're concerned about the ownerships of a permit we tell them you can go to the board of appeals interests an appeal process they showed up and i was on duty i ended up getting familiar with this because of my proximity and the discussion what the

mr. duffey is temporarily out of the room we'll move on to public comment then. i'd like to see a show of hands of how many people want to speak >> two minutes. >> the president has commissioner lazarus said abused of the size of the crowd and i will ask if people who want to speak line up on the far left side of the room and ms. gomez if you haven't filed out a sequa card will help in the preparation of our minutes and you can give it to the clerk. first people can come up to the mike ms. gomez that's fine >> i think there might be a sign of that this is one too meetings on this issue if i'm known by name (laughter) but i thank you all for having the patience and giving us the opportunity to speak. in defense of the marsh in defense of this historic neighborhood and in defense of the artists community and the working class community i'm maria gomez i'm the honor of being an actress and an artist this might be the fourth meeting i've been to an this issue of protecting the marshes ability to condition as a performance venue for the performances not amplified. i a

mr. white head knows that, but i want to point that out, that we have not inspected any of that work in the rear yard because it was done without a permit. >> there duffey, it appears the planning department feels that this permit was issued in error. >> yes. >> but the didn't went through >> we already have an order of abatement on the the second one issued in february, but there is an order of abatement order in february so that's going to force them to do something. i think the existing grade issue is crucial here. if that can be figured out. i agree the concrete retaining wall closest to the property and whatever it slopes back to towards miss moon's property is the crucial issue here. >> do you work with that? is it your department that works on the grade issue? >> we can. we probably could help them with that. obviously we'd need both parties to -- you know, because we don't want to be showing something that's not right. if this had been done correctly, there's a possibility you could have done some of this work without a permit, but there was a lot of dirt moved so that needs to be shown on a grading permit and the existing grades shown on a sect