mr. there but mr. screening i didn't disapproved the permit and sent it to this board for you to make a discussion >> mr. duffy what's the harm in allowing it to be number one. >> that's a good question i looked at that as well i saw that the only - there is some e-mail correspondence when you don't have i have between the architect and the dbi staff for the technical services division and the only thing i can do the department of technology involved and they brought up the point of the emergency the firgz and the mail delivery that's been disastrous in the past and today, our conversation in the it is not necessary improvement happened between the corner and which is now steven so that street and you know that building has under gotten 3515 matt has flown construction but there's a store front there are windows on this side if someone wants to do a tenant improvement in 10 years time what number are we going to give them number 2 there's no number we can't as ray fong said it's kind of a dilemma. i even thought let me ask you this. what about if we let them have 11 if there's anything happened between the cor

mr. duffy and mr. sanchez about what they would like to see and haven't seen it's clear what is intended by this. that's - i don't know if continuance i don't know what others think about continuance >> continuance to the call of the chair until they decide if they're going to get a permit or go further with what they're planning on doing. mr. duffy. >> may i. i guess i'm going back to the question i asked before what was was this permit perhaps erroneously issued >> i'll try to find. >> if we continue f this that's information you'll supply. >> if people are going to be coming in and getting plumbing permits for the purposes of making illegal units i'm not a fan i agree with commissioner fung we can't surmise what people are doing it's not right in my opinion that's not the way to do that we typically and mr. sanchez and i have seen this before the board the proper way to remove an illegal unit get a permit and if they want to appeal it they'll be going there to planning commission but when i look at

mr. duffy has summarized we've got improvement right basically, all the contentions i was spifk to the board have been verified by mr. duffy. all i ask at least from our point of view it's counterintuitive for the permit holder to receive a monetary penalty then be allowed to build his full structure it would be more equatable as a third floor restriction that was basically our number one concern. and so we will ask for a monetary penalty and/also some sort of restriction on the building permit from the third floor. thank you that's all i have to say >> i have a couple of questions in watching the video you stated stated our case you had conversation with our next door neighbors during the time of the construction when you heard all the noise. >> personally, i did not but i think my mother occasionally when there was noise she'd basically yell and bank on the wall and tell them to stop. >> okay. >> i want to emphasize this has nothing to do with the fence. >> when the actual actions were take place did someone knock on the door. >> i think my mother did but we again knew what was going on. if my mom communicated to

mr. sanchez. does the planning department have a square footage for this particular property >> oh, we would get that information from the accessory office and mr. duffy's got the records here. where is it the building secret is 26, 40 it appears on the accessoryors records it's what the assessors office says >> did that seem correct on the partial commercial on the ground floor. >> i don't have the lot dimensions unnecessary it's not a lot coverage. it's hard to say. because the assessors office nighttime count the skoornl >> i'm trying to see a general footprint it's 12 or 13 floor plate and if there's 26 there's two floor plates they're considering as square footage. >> the square footage is 2 thousand 64. >> oh. >> it's the size of the lot so it is 2 or 13 hundred. i think it seems like it's under a bit the building is fairly a subsequential lot coverage but i don't have the information >> i wanted to see it so thank you mr. sanchez. >> i have a question mr. sanchez so if planning would like to know what's going to happen to the space how it is affected when the space is modified through a nonbuilding permit or a permit that is not a are planning permit how can you become aware of a space where it's currently habitualable. >> i agree with mr. duffy they should have filed a permit with plans to document this this is typically how people deal with something like that and most instances an illegal unit is being removed and appealed to the board it's - we have electrical or plumbing permits i think as most cases there's a building permit so i think i don't buy the permit holders agreement this building permit is all they need. >> thanks. >> thank you. so we can take any public comment on item 7 the plumbing permit on polk street any public comment on that item? okay. seeing none we'll have rebuttal starting with the appellant mr. crow. you have 3 minutes. >> clearly i don't have much more to add given the te