mr. flanagan. i'm still not clear on how it was that mr. flanagan got ahold of information dpw said was sent to some member of the board of supervisors. i assume that was former supervisor dufty. i cannot find snaguinetti's letter in my -- there it is. it was sent to supervisor dufty. he was copied. so, i guess i'm leaning toward thinking that -- >> it went to mr. flanagan. and dufty together. they were both on it. >> regardless, i see now what the chain is and i understand that mr. flanagan had been of -- had been advised by city officials that he had no recourse, and that alone to me would be grounds for granting jurisdiction. i think he was misled by a city officials. -- city official. >> i would concur, except i would say it was inadvertent. nonetheless, impact was the same. >> i am going to agree. are there other comments, commissioners? is there a motion? >> i would move that we grant jurisdiction. he has to file. i'm sorry. >> do you want to make that motion with the finding that you are granting a because the city inadvertently misle

mr. flanagan was disturbing the box. that has caused an excessive noise. we visited three times over the last few months. we have also replaced the fans with quieter fans so that it would have less noise impact. that is what we have done at this location. we are asking you -- [tone] and not grant the request. thank you. >> what is actual notice? >> actual notice -- even though there was no requirement to provide notice, he had actual notice that we submitted a permit to this location and he had actual notice when we began construction that the permit had been issued. >> i'm not clear on how he got notice that you had applied for a permit. there were some negotiations that were taking place and he had knowledge that nextg intended to put some equipment somewhere in the vicinity. did he know that a permit had actually been applied for? >> i cannot speak to his knowledge. from my standpoint, we have been discussing the site that was applied for, and so it was always spoken as the site that was applied for. >> ok. thank you. >> can you put your photograph back

mr. campos suggested and also reached out far more in the allotted time. thank you. >> is there any public comment on this item? >> i am shawn flanagan and i am speaking as one of several from the bartlett street neighborhood association. since we last met, the covered patio was added to the plans and it is definitely a nuisance, but our neighborhood has major concerns about how the plan will be implemented and the type of neighborhood partner campero will be. since we last met at the hearing, they demonstrated signs they will be a bad neighbor including waiting on days before the hearing to reach out to community groups and supervisor campos' office and the parson street neighborhood association. i was unable to attend because i was out of town. this is a few days ago they held this meeting. they still try to mask itself as something other than formula retail. and essentially we are concerned they will continue to ignore the community as they have done in the last few months since the last hearing and we request you not approve the application and if the commission approves the application, we request you document and require the fo