>> no sewage. >> i won't go there. >> to prevent sewage backups? >> yes, thank you. >> the procedural question that comes to mind is on this other landscaping plot. >> he didn't mention that in his motion, he said a 6 by 9 basin. >> you didn't say the plot? >> i don't know if that's how you want it commissioner fung or not. >> i would like to make it a landscaped basin. >> so upedbacker you want to condition the permit on them obtaining a sidewalk landscaping plot permit? >> yes. >> okay. >> obviously with the idea that they would then landscape and maintain the landscaping is that right, commissioner fung? >> that's correct. >> okay. >> okay, so to reiterate, we have a motion on the floor from commissioner fung to overrule the denial, issue this permit on condition that -- several conditions, that the replacement tree be of a 24 inch box size tha, the species be determined in consultation with the dpw and further condition that a landscaping blot permit be obtained by the appellants, no less than 6 by 9? >> yes. >> okay. and all of this is on the

we rent a 100 legal rental apartment, we have four tenants, two have moved because of repeated sewage backup, health, this tree has resulted in sewage back ups raw sewage up to two toilets, they have often taken several days to respond. water cannot be used during these type *f times. three esthetics, we want to replace the entire sidewalk and driveway apron and renovate the landscaping a maimer tree would allow the architectural tree to be seen, we want to know people live here, we want to monitor activities in front of our house and as well as across the street by being able to look out a window, four, home owner preference, there is no objection to replacing this tree, we have talked to our adjacent member and is a smaller tree would be preferable, this area of the sidewalk stays moist under this large tree and allowing a few hours of sunlight which would occur with a smaller tree would make the area more pleasing and cut down on the heavy growth of moss on the property and brick work, we want to reiterate we want to improve the frontage of 3420 fulton and put the same species in or use t

iez with the property own's plate the detailed description of the amount of sewage backups they have, i understand it's really hard to continent in the face of a single tree adjacent to their property. that said, we do have to speak for the trees and the fact that larger trees do provide benefits smaller trees provide smaller benefits we do have to play gate keeper r, this this tree would be maintained by public works, we would not seek removal so i wanted to point out the context and we do acknowledge that there is a good amount of -- a lot of sidewalk damage, most of the frontage of the sidewalk has to be repaired completely. what we recommend is a basin expansion and it would be a pretty good side basin expansion. we marked white marks on the sidewalk the smallest we probably would recommend would be a 6 by 9 tree basin currently it's a 3 by 3, so we do recommend a pretty large base inexpansion to accommodate the roots of the tree near the base of the trunk. in summary, we do have to protect large mature trees if the sewer repairs have been made, that issue has been addressed. if t

willingness to back up their statement by indemnifying us at the risk of sewer blockage as a result of sewage backup, they're willing for the property owners to assume this risk. pages 3 to 4, this is boilerplate language glorifying the two tree, we stipulate mature trees have an inherent value and a value to the community, this must be weighed against the risks of an overgrown tree with replacing the tree that does not cause these negative aspects but provides much of the same benefit. well proportioned trees might increase property values but trees that mied sidewalk sewers and overhead do not, the association of tree side *f size with property values is not a line stretching to infinity there is a limit and this tree has reached this limit. the supplemental water issue is not credible. dpw plants hundreds of trees in spite of this and there are other ways that could achieve our greater savings in terms of addressing overmastering of ground and pavement that is routinely done by other property owners and by parks ground crew, if supplemental water is necessary, it is born by the property owner it