mr. silverman or mr. ruskavitch. >> good evening commissioners. i am pat ruskavitch. i was retained 10 days ago and wasn't a party to this. i know there is anger with this and i want to be respectful to the neighborhood. i live in the building world with the code and what its and whether the partial demolition or demolition six should be formed. the reality of the code is what determination of what paperwork you're to use is based on the original permit for the construction of the believe building. in. >> >> in 1963 a permit for given for an alteration permit. when this work was done a certificate of final completion was issued for an addition. the only permit you can get to tear down this portion of this wing of this building is a form three. the code is clear. you cannot tear down a building unless you do a total demolition and then you're doing a six, so they would have to tear down the main building to do this permit. for what they did they had to use a form three. secondly, there was an issue about dust. there was a j permit done to check what was in the building

mr. silverman. >> good evening members of the board. we appreciate all of you coming out tonight. we appreciate your time in hearing this matter. i am david silverman and working with the permit holder jack tsang. much of the material submitted by the appellant concerned a lack of notice to the neighbors regarding the permit. while i am sympathetic to the neighbors on that general issue there is no code requirement to provide notice to neighbors under the circumstances in this matter. it is my understanding that the planning department may now consider new legislation to require such notice in the future. the second issue raised by the appellant was the form of permits that was selected by dbi. we have provided to the appellant the 1963 permit showing that the construction of the building in question was an alteration of an existing building. consequently an alteration permit was required to take it down. that was dbi's decision. the permit holder's contractor spent more than a week consulting with dbi in order to certain file for the appropriate permit application. the contractor